Allahabad High Court
Rajendra Prajapati And 2 Others vs State Of U.P And Another on 26 April, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 27656 of 2022
Applicant :- Rajendra Prajapati And 2 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Vinod Kumar Srivastava,Chandra Prakash Garg
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Chandra Prakash Garg, learned counsel for the applicants, Mr. K. C. Mishra, learned counsel for the opposite party no.2, Mr. K.P. Pathak, learned AGA for the State and perused the records.
The present 482 Cr.P.C. application has been filed praying for quashing of the charge-sheet dated 28.05.2021 arising out of Case Crime No. 241 of 2021 as well as cognizance order dated 16.12.2021 and proceeding of Case No. 13439/IX of 2021, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Kotwali Nagar, District Banda pending in the court of Chief Judicial Magistrate, Banda on the basis of compromise executed between the parties.
Earlier, on 20.09.2022, the following order was passed:-
"Heard Sri Vinod Kumar Srivastava, learned counsel for the applicants, Sri Jhamman Ram, learned AGA for the State and perused the record of the case.
The instant application has been moved on behalf of the applicants with a prayer to quash the charge-sheet dated 28.05.2021 arising out of Case Crime No. 241 of 2021 as well as cognizance order dated 16.12.2021 and proceeding of Case No. 13439/IX of 2021, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Kotwali Nagar, District Banda pending in the court of Chief Judicial Magistrate, Banda on the basis of compromise executed between the parties.
Learned counsel for the applicants submitted that applicant no.1 is husband of opposite party no.2 while applicant nos. 2 and 3 are her in-laws and during the pendency of the trial, matter has been amicably settled by applicant no.1 and opposite party no.2 and thereafter opposite party no.2 moved an application before the court concerned to drop the proceeding on the basis of compromise executed between applicant no.1, the husband and opposite party no.2, the wife. He further submitted that both the parties have amicably settled their dispute and in this regard a compromise has also been executed between them. Therefore, the compromise executed between the parties may be verified by the court below.
He next submitted that applicants are ready to appear before the court concerned for verification of the compromise executed between them on the date fixed by this Court.
Learned AGA is having no objection if any such direction is given to the court below for verification of compromise executed between the parties.
As both the parties have amicably settled their dispute and compromise has also been executed between them, therefore, it is directed that both the parties shall appear before the court concerned on 26.09.2022 and shall file an application along with the certified copy of this order for verification of compromise executed between them.
If any such application is moved, then the court below shall verify the compromise alleged to have been executed between the parties, in accordance with law, and shall transmit verification report to this Court.
List this case on 12.10.2022 in the additional cause list.
Office is directed to submit a report on the next date in respect of verification report, if any, forwarded by the court below.
Till the next date of listing, no coercive steps shall be taken against the applicants in the aforesaid case.
Learned counsel for the applicants undertakes that he will inform about the order passed today by this Court to opposite party no.2."
In compliance of the aforesaid order dated 20.09.2022, a report regarding verification of compromise deed has been placed on record as is evident from the office report dated 09.11.2022. A letter of the C.J.M., Banda dated 01.10.2022 has been placed alongwith application and affidavit of Poonam Devi wherein it has been mentioned that compromise has been verified vide order dated 30.09.2022 in the presence of the parties alongwith their respective counsels. Certified copy of the order dated 30.09.2022 has been passed on to the Court today, is kept on record.
Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
Learned A.G.A. as well as learned counsel for the opposite party no.2 does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicants.
Before proceeding any further it shall be apt to make a brief reference to the following cases:-
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 criminal case as the parties have already settled their dispute.
Accordingly, the charge-sheet dated 28.05.2021 arising out of Case Crime No. 241 of 2021 as well as cognizance order dated 16.12.2021 and proceeding of Case No. 13439/IX of 2021, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Kotwali Nagar, District Banda pending in the court of Chief Judicial Magistrate, Banda on the basis of compromise executed between the parties is hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be certified to the lower court forthwith.
Order Date :- 26.4.2023
Jitendra/-
