Allahabad High Court
Mahesh Nagaich @ Goldi And 2 Ors vs State Of U.P. And Another on 24 April, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 21990 of 2019
Applicant :- Mahesh Nagaich @ Goldi And 2 Ors
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Upendra Kumar Pushkar,Lavkush Kumar Shukla
Counsel for Opposite Party :- G.A.,Hitesh Pachori
Hon'ble Mrs. Manju Rani Chauhan,J.
The case is taken up in the revised call.
Heard Mr. Lavkush Kumar Shukla, learned counsel on behalf of applicants, Mr. Ajay Kumar Sharma, Advocate holding brief of Mr. Hitesh Pachori, learned counsel for the opposite party and Mr. Pankaj Srivastava, learned A.G.A. for the State.
This application has been filed by the applicants with the prayer to quash the entire proceedings of criminal case no. 18654 of 2019 (State Vs. Mahesh Nagaich and others) arising out of Case Crime No. 1198 of 2018, under sections 498A, 323, 504, 506 IPC & Section 3/4 D.P. Act, Police Station New Agra, District Agra pending in the court of learned Chief Judicial Magistrate, Agra.
On 10.01.2023, the following order was passed:-
"Heard Shri Lavkush Kumar Shukla, learned counsel for the applicants and Shri Ajay Kumar Sharma, Advocate, holding brief of Shri Hitesh Pachori, learned counsel for opposite party no.2.
Learned counsel for the applicants states that on 30.11.2022 he had filed Vakalatnama on behalf of the applicants and a supplementary affidavit along with copy of the petition under Section 13 B of the Hindu Marriage Act was also filed which are not on record.
Office is directed to trace out the aforesaid documents and place the same on record.
Learned counsel for the parties inform that the matter has been compromised between the parties and they have decided to live separately. In this regard a compromise deed has been filed before the court below but same has not been verified as yet by the learned court below.
On these facts, the parties have arrived for some amicable settlement regarding which compromise duly arrived at between the parties is pending verification before learned court below and, therefore, it would be in the interest of justice to protect the right of the applicants pending final disposal of the matter.
Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order within 15 days from today 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 on 07.02.2023.
Till then no coercive measure shall be taken against the applicants pursuant to the Criminal Case No. 18654 of 2019 (State Vs. Mahesh Nagaich & Others)."
In compliance of the aforesaid order, the report regarding verification of compromise received from Chief Judicial Magistrate, Agra has been placed on record as is evident from the office report dated 31.03.2023. A letter of CJM, Agra dated 17.03.2023 has been placed on record along with affidavit as well as order dated 13.03.2023 vide which the compromise has been verified in the presence of parties and their respective counsels.
Learned counsel for the applicant submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
Learned A.G.A. for the State also accept that the parties have entered into a compromise and 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; 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, entire proceedings of criminal case no. 18654 of 2019 (State Vs. Mahesh Nagaich and others) arising out of Case Crime No. 1198 of 2018, under sections 498A, 323, 504, 506 IPC & Section 3/4 D.P. Act, Police Station New Agra, District Agra pending in the court of learned Chief Judicial Magistrate, Agra on the basis of compromise are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 24.4.2023
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