Allahabad High Court
Jai Prakash @ J.P vs State Of U.P. And 2 Others on 17 April, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 41235 of 2019
Applicant :- Jai Prakash @ J.P
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Satya Prakash Singh,Dinesh Kumar Bhaskar
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Dinesh Kumar Bhaskar, learned counsel for the applicant and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.
On 25.11.2019, the following order was passed:-
"Heard learned counsel for applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of case no. 12537 of 2014 under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Kotwali, District - Ghaziabad pending in the court of A.C.J.M.-VII, Ghaziabad in terms of the compromise. Further prayer has been made to stay the proceedings of the aforesaid complaint case.
It is submitted that on account of intervention of their well-wishers, a compromise has been arrived at between the parties on 9.11.2016. The said compromise has been filed before the court concerned. A copy whereof has been filed as annexure-3 to the application. It is further contended that proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303.
Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.
List this case on 21.1.2020 before the appropriate Bench.
Learned counsel for the applicant undertakes to ensure the presence of both the parties before the court below or any other transferee court, as the case may be, on 10.12.2019 and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.
Office is directed to send through FAX a copy of this order as well as the photocopy of the compromise annexed as Annexure-3 to the application to the court concerned within three days.
Till the next date of listing, no coercive steps would be taken against the applicants."
In compliance of the aforesaid order, the compromise between the parties has been verified by the Court below, vide order dated 30.09.2022, in presence of the parties along with their respective counsels. Certified copy of the aforesaid verification order along with certified copy of compromise application have been annexed as Annexure SA-1 to the supplementary affidavit filed by learned counsel for the applicant on 16.11.2022.
Learned counsel for the applicant submits that in view of the aforesaid compromise being verified by the court concerned, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
Learned A.G.A. for the State also affirms that the parties have entered into compromise, he has no objection if the proceedings of 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; and
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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) 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 counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
Accordingly, the entire proceedings of charge sheet dated 27.12.2004, cognizance order dated 03.05.2005 and Case No. 12537 of 2014, (State Vs. Jai Prakash @ J.P.), arising out of Case Crime No.636 of 2004, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Kotwali, District - Ghaziabad pending in the court of A.C.J.M.-VII, Ghaziabad, on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 17.4.2023
Rahul.
