Allahabad High Court
Chiraguddin Alias Chiragu vs State Of U.P. And Another on 18 April, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 30909 of 2022
Applicant :- Chiraguddin Alias Chiragu
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Tej Om Prakash Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Tej Om Prakash Gupta, learned counsel for the applicant and Ms. Abhilasha Singh, learned A.G.A. for the State and perused the record.
On 18.11.2022, the following order was passed:-
"Supplementary affidavit filed by learned counsel for the applicants, annexing therein certified copy of the summoning order, today in the Court is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the proceedings of Criminal Cae No. 13553 of 2022 (State Vs. Chiraguddin alias Chiragu) arising out of Case Crime No. 26 of 2020 under Sections 452, 323, 504, 506, 427 I.P.C. Police Station Rashulpur, District Firozabad pending before learned Chief Judicial Magistrate, District Firozabad as well as to quash the charge sheet dated 06.12.2020 and cognizance order dated 12.05.2022 passed in the aforesaid case.
Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.
Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
List after two months.
Till then no coercive measure shall be taken against the applicants in the aforesaid case."
In compliance of the aforesaid order, compromise verification report from Chief Judicial Magistrate, Firozabad is kept on record as is evident from office report dated 17.04.2023. The letter of Chief Judicial Magistrate, Firozabad, dated 07.01.2023 has been placed on record along with affidavits as well as order dated 07.01.2023 vide which compromise has been verified between the parties by the Court below, in presence of the parties along with their respective counsels.
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 Criminal Cae No. 13553 of 2022 (State Vs. Chiraguddin alias Chiragu) arising out of Case Crime No. 26 of 2020, under Sections 452, 323, 504, 506, 427 I.P.C. Police Station- Rashulpur, District Firozabad pending before learned Chief Judicial Magistrate, District Firozabad as well as to quash the charge sheet dated 06.12.2020 and cognizance order dated 12.05.2022, on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 18.4.2023
Rahul.
