Allahabad High Court
Dev Prakash And 3 Others vs State Of U.P And Another on 28 April, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 17195 of 2021
Applicant :- Dev Prakash And 3 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Manish Kumar Pathak
Counsel for Opposite Party :- G.A.,Sunil Kumar Pandey
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Manish Kumar Pathak, learned counsel for the applicants, Mr. Sunil Kumar Pandey, learned counsel for the opposite party no.2 and Mr. Akhilesh Kumar Srivastava, learned A.G.A. for the State and perused the record.
On 17.02.2022, the following order was passed:-
"Heard Sri Manish Kumar Pathak, learned Counsel for applicants, Sri Sushil Kumar Pandey, learned Counsel for opposite party no.2 and learned AGA for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing of cognizance order dated 11.8.2021 as well as entire proceedings of Case No.1140/IX of 2021(State vs. Dev Prakash & others) arising out of Case Crime No.144 of 2021 under Section 323, 498-A IPC and 3/4 Dowry Prohibition Act, Police Station Kosi Kalan, District Mathura.
It has been stated that the parties have amicably settled their disputes and have entered into the compromise. The compromise deed has been annexed as Annexure 3 to this application.
Learned Counsel appearing for opposite party no.2 has not disputed the aforesaid fact.
The applicants shall file an application along with the compromise deed before the concerned Court below within 15 days for verification of the compromise. On receiving the said application the Court below shall take steps for verification of the compromise, within 15 days from date of receiving application and compromise, and shall prepare a report. The parties on filing a suitable application shall also be given a certified copy of the report.
Put up as fresh on 28.3.2022 before appropriate Bench, on which date, the applicants shall file the report of the concerned Court regarding the verification of the compromise.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
This case shall not be treated as tied up/part heard to this Bench."
In compliance of the aforesaid order, report of Civil Judge (JD)/Judicial Magistrate, Mathura, is kept on record as is evident from office report dated 27.04.2023. The order dated 03.03.2022 of Civil Judge (J.D.)/Judicial Magistrate, Mathura, has been placed on record, vide which, compromise has been verified, in presence of the parties along with their respective counsels. Certified copy of the verification order dated 03.03.2022 passed on to the Court, which is kept on record. Learned counsel for the parties submit that applicant no.1 Dev Prakash (Husband) and wife Smt. Gauri, have decided to stay together.
Learned counsel for the applicants 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 cognizance order dated 11.8.2021 as well as entire proceedings of Case No.1140/IX of 2021(State vs. Dev Prakash & others) arising out of Case Crime No.144 of 2021 under Section 323, 498-A IPC and 3/4 Dowry Prohibition Act, Police Station Kosi Kalan, District Mathura, on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 28.4.2023
Rahul.
