Allahabad High Court
Yogendra 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. - 40467 of 2022
Applicant :- Yogendra And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Chandra Prakash Misra
Counsel for Opposite Party :- G.A.,Sushil Kumar Mishra
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit has been filed by learned counsel for the applicants in Court today, is taken on record. Office is directed to register the same.
Heard Mr. Chandra Prakash Misra, learned counsel for the applicants, Mr. Sushil Kumar Mishra, learned counsel for the opposite party no.2 and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.
On 19.12.2022, the following order was passed:-
"Heard learned counsel for the applicants, learned A.G.A. for the State, and perused the record.
By way of the instant application, the applicants have sought to quash the charge sheet dated 12.10.2017 as well as entire proceedings of S.T. No.104 of 2021 arising out of case crime no.129 of 2017, under Sections 323, 504, 506, 308 IPC, P.S. Jataha Bazar, District Kushinagar.
Learned counsel appearing for the applicants submits that both the parties filed compromise deed (annexure no.5) to the affidavit filed in support of this application as understanding has reached between the parties to settle their dispute amicably. The claim so raised is sustained. The present compromise deed is required to be verified physically by the trial court.
In view of above, it is directed that both the parties shall appear on 11th January, 2023 before the court concerned and shall present the compromise deed before it. In the event on 11th January, 2023, verification process cannot be drawn and is incomplete because of unforeseen circumstances / paucity of time of the court, then the date of next working will be fixed for its verification. In case, any compromise deed is so presented then physical verification of the parties shall be done and the order shall be passed by the court concerned thereon. In case any order is passed by the court concerned, the certified copy of the same shall be placed on record by way of filing affidavit by the present applicants.
List this case on 31.01.2023 in the additional cause list.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case. "
In compliance of the aforesaid order, compromise has been verified by the Court below vide order dated 12.01.2023 in presence of the parties along with their respective counsels. Certified copy of the verification order dated 12.01.2023 along with compromise deed has been placed at page 10 of the supplementary affidavit filed today.
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 proceedings of charge sheet dated 12.10.2017 as well as entire proceedings of S.T. No.104 of 2021, arising out of case crime no.129 of 2017, under Sections 323, 504, 506, 308 I.P.C., P.S. Jataha Bazar, District Kushinagar, on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 28.4.2023
Rahul.
