Allahabad High Court
Manish Kumar 5 Others vs State Of U.P Thru Secretary Home ... on 26 April, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 29527 of 2021
Applicant :- Manish Kumar 5 Others
Opposite Party :- State Of U.P Thru Secretary Home Lknw. And Another
Counsel for Applicant :- Pankaj Dwivedi
Counsel for Opposite Party :- G.A.,Sunil Kumar Dubey
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Pankaj Dwivedi, learned counsel for the applicants, Mr. Sunil Kumar Dubey, learned counsel for the opposite party no.2 and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.
Earlier by order dated 03.12.2020, passed in Application u/s 482 No.17888 of 2020, the parties were directed to appear before the Court concerned and file compromise. The Court concerned was also directed to verify the compromise in presence of parties along with their respective counsels, in case it was filed.
In compliance of the aforesaid order, the parties have appeared before the Court concerned along with their respective counsels and the compromise has been verified on 28.09.2021. Certified copy of the aforesaid order has been annexed on page 59 of the present application.
Learned counsel for the parties submit that in view of the aforesaid compromise being verified by the Court concerned, the entire proceedings of the aforesaid case may be quashed by this Court.
Learned A.G.A. for the State as well as learned counsel for the opposite party no.2 also affirms that the parties have entered into compromise, they 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 criminal proceedings of Complaint Case No. 4579 of 2019 (Smt. Shalini Ratwaya Vs. Manish Kumar and others), under Sections 498A, 323 I.P.C. & Section 3/4 DP Act, PS - Mahila Thana Rakabganj, District -Agra, (Misc. Case No.543 of 2018) pending in the court of Civil Judge (S.D.)/F.T.C. 1st, District-Agra, on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 26.4.2023
Rahul.
