Allahabad High Court
Vinod Kumar And 5 Others vs State Of U.P. .And Another on 13 April, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 26600 of 2022
Applicant :- Vinod Kumar And 5 Others
Opposite Party :- State Of U.P. .And Another
Counsel for Applicant :- Piyush Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Second supplementary affidavit filed on behalf of the applicants today, is taken on record.
Sri Vivek Sharma, Advocate has filed his Vakalatnama on behalf of opposite party no.2 today, which is taken on record.
Heard Sri Piyush Dubey, learned counsel for the applicants, the learned Additional Government Advocate for the State, and Sri Vivek Sharma, learned counsel for opposite party no.2 as well as perused the materials on record.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Special Sessions Trial No. 10 of 2009 arising out of Case Crime No. 202 of 2008, under Sections 323, 325, 504 and 506 IPC and Section 3(1) (10) of SC/ST Act, Police Station Jaitpur, District Agra pending in the court of Additional Sessions Judge SC/ST Act Agra and as well as charge sheet dated 23.9.2008 and cognizance order dated 16.10.2008 on the basis of the compromise.
A coordinate Bench of this Court on 12.09.2022 has passed following order in the matter:-
"Heard Sri Piyush Dubey, learned counsel for the applicants and Sri Ravi Kant Kushwaha, learned AGA, for the State.
The instant application has been moved on behalf of the applicants to quash the entire proceedings of Special Sessions Trial No. 10 of 2009 arising out of Case Crime No. 202 of 2008, under Sections 323, 325, 504 and 506 IPC and Section 3(1) (10) of SC/ST Act, Police Station Jaitpur, District Agra pending in the court of Additional Sessions Judge SC/ST Act Agra and as well as charge sheet dated 23.9.2008 and cognizance order dated 16.10.2008.
Learned counsel for the applicants submitted that both the parties have amicably settled their dispute and in this regard a compromise has also been executed between them on 8.8.2022 which has been annexed as annexure-3 to the affidavit filed in support of the present application and, therefore, the court below may be directed to verify the compromise executed between the parties.
He next submitted that applicants and opposite party no.2 are ready to appear before the court concerned for verification of the compromise executed between them on the next date fixed by this Court.
Learned AGA is having no objection if any such direction is given to the court below for verification of compromise executed between the parties.
As both the parties have amicably settled their dispute and compromise has also been executed between them, therefore, it is directed that both the parties shall appear before the court concerned on 26.9.2022 and shall file an application along with the certified copy of this order for verification of compromise executed between them.
Learned counsel for applicant undertakes that applicants shall inform opposite party no.2 about the order passed today.
If any such application is moved, then the court below shall verify the compromise alleged to have been executed between the parties, in accordance with law, and shall transmit verification report to this Court.
List this case on 13.10.2022.
Office is directed to submit a report on the next date in respect of verification report, if any, forwarded by the court below.
Till the next date of listing, no coercive steps shall be taken against the applicants in the aforesaid case."
Pursuant to the above order, the Special Judge (SC/ST Act), Agra vide order dated 26.09.2022 has verified the compromise so entered into between the parties. Certified copies of the order of the Special Judge (SC/ST Act), Agra dated 26.09.2022 and the compromise have been brought on record by way of supplementary affidavit dated 02.04.2023.
Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the court below, the entire proceedings of the aforesaid criminal case are liable to be quashed.
Learned counsel for opposite party no.2 has also not denied the aforesaid facts. On instructions received from opposite party no.2, he submits that he has no objection, if the proceedings in the aforesaid case are quashed.
This Court is not unmindful of the following judgements of the Apex Court:
1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,
2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned complaint case as the parties have already settled their dispute.
Accordingly, the proceedings of charge sheet dated 23.9.2008, cognizance order dated 16.10.2008 as well as entire proceedings of Special Sessions Trial No. 10 of 2009 arising out of Case Crime No. 202 of 2008, under Sections 323, 325, 504 and 506 IPC and Section 3(1) (10) of SC/ST Act, Police Station Jaitpur, District Agra pending in the court of Additional Sessions Judge SC/ST Act Agra, are hereby quashed.
It is also made clear that in case the victim/ opposite party has received compensation under the provisions of S.C./S.T. Act, the same shall be returned to the authority concerned.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 13.4.2023
Abhishek Singh
