Allahabad High Court
Raj Bahadur And 6 Others vs State Of U.P. And Another on 26 April, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 19339 of 2022
Applicant :- Raj Bahadur And 6 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Kamlesh Kumar Dwivedi,Gaurav Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the materials on record.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet no.75/2015 dated 20.04.2015 and summoning order dated 01.12.2015 passed by learned A.C.J.M., I, Agra as well as entire criminal proceedings in Criminal Case No.2243 of 2015, State vs. Raj Bahadur Singh & Others, arising out of Case Crime No.494 of 2014, under Sections 147, 323, 325, 354A, 506 IPC, Police Station Fatehpur Seekari, District Agra, pending in the Court of learned Judicial Magistrate, Agra on the basis of the compromise.
On 08.08.2022, a Coordinate Bench of this Court passed following orders in the matter:-
"Sri R.K. Tiwari, learned Advocate has filed his Vakalatnama on behalf of the opposite party no. 2, is taken on record. He has also filed short counter affidavit today, which is also taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as learned counsel for the opposite party no. 2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet no.75/2015 dated 20.04.2015 and summoning order dated 01.12.2015 passed by learned A.C.J.M., I, Agra as well as entire criminal proceedings in Criminal Case No.2243 of 2015, State vs. Raj Bahadur Singh & Others, arising out of Case Crime No.494 of 2014, under Sections 147, 323, 325, 354A, 506 IPC, Police Station Fatehpur Seekari, District Agra, pending in the Court of learned Judicial Magistrate, Agra on the basis of compromise held between the parties and first information as well as injured persons.
Learned counsel for the applicants submits that since cognizance has been taken against the applicant on 01.12.2015 the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing, copy of compromise deed has been annexed as Annexure-6 to the affidavit.
Accordingly, it is directed 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 shall send a report to this Court along with verified compromise.
List this case on 23.11.2022 in the additional cause list showing the name of Sri R.K. Tiwari, as counsel for the opposite party no.2.
Only till then, no coercive action shall be taken against the applicants in the aforesaid case."
Pursuant to the above order, the Additional Chief Judicial Magistrate, Court No.1, Agra vide order dated 20.09.2022 has verified the compromise so entered into between the parties. Certified copies of the order of the Additional Chief Judicial Magistrate, Court No.1, Agra dated 20.09.2022 and the compromise have been brought on record.
Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the court below, the entire proceedings of the aforesaid criminal 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 complaint case as the parties have already settled their dispute.
Accordingly, the proceedings of charge sheet no.75/2015 dated 20.04.2015 and summoning order dated 01.12.2015 passed by learned A.C.J.M., I, Agra as well as entire criminal proceedings in Criminal Case No.2243 of 2015 (State vs. Raj Bahadur Singh & Others), arising out of Case Crime No.494 of 2014, under Sections 147, 323, 325, 354A, 506 IPC, Police Station Fatehpur Seekari, District Agra, pending in the Court of learned Judicial Magistrate, Agra, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 26.4.2023
Abhishek Singh
