Allahabad High Court
Paras Chaudhary And 2 Other vs State Of U.P. And Another on 17 April, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 19183 of 2021
Applicant :- Paras Chaudhary And 2 Other
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sushil Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants, the learned Additional Government Advocate for the State, and 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 proceedings in terms of compromise of S.T. No. 1171 of 2020, Case No. 5152/9 of 2020 and 7621/9 of 2020, (State Vs. Paras Chaudhary & others), Case Crime No.438 of 2020, under Sections 307, 386 & 506 I.P.C., P.S. Kotwali City, District Muzaffar Nagar for the charge sheet dated 26.09.2020 and 29.09.2020 and order of cognizance dated 01.10.2020 & 14.12.2020 pending in the court of learned Session Judge, Muzaffar Nagar.
Learned counsel for the applicants submits that the incident relates due to simple dispute between the parties without having any earlier dispute. The FIR came to be lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged. There never was any criminal intent on part of the applicant/s nor any criminal offence as alleged had ever occurred. At present, the parties to the dispute who are related to each other, have resolved their differences and made peace. In view of the settlement reached between the parties, they pray another chance be given to them to develop and experience normal relationship. The continuance of the criminal trial may in fact hamper the otherwise good chance of the parties enjoying a normal relationship. In such changed circumstances, the opposite party no. 2 does not wish to press charges against the applicants.
In the above regard, a compromise has been entered into between the parties. Thereafter the applicants have approached this Court by means of the present application for quashing the aforesaid case in terms of compromise entered into between the parties. A Coordinate Bench of this Court passed order on 27.11.2021 directing the parties to appear before the court below along with copy of the compromise for its verification and the court below inturn was directed to verify the same in the presence of both the parties.
Pursuant to the above order, the learned Session Judge, Muzaffar Nagar vide order dated 20.01.2022 has verified the compromise so entered into between the parties. Certified copies of the order of the learned Session Judge, Muzaffar Nagar vide order dated 20.01.2022 and the compromise have been annexed with the order sheet.
Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the concerned Magistrate, the entire proceedings of the aforesaid 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 case as the parties have already settled their dispute.
Accordingly, the proceedings in terms of compromise of S.T. No. 1171 of 2020, Case No. 5152/9 of 2020 and 7621/9 of 2020, (State Vs. Paras Chaudhary & others), Case Crime No.438 of 2020, under Sections 307, 386 & 506 I.P.C., P.S. Kotwali City, District Muzaffar Nagar for the charge sheet dated 26.09.2020 and 29.09.2020 and order of cognizance dated 01.10.2020 & 14.12.2020 pending in the court of learned Session Judge, Muzaffar Nagar are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 17.4.2023
Anurag/-
