Allahabad High Court
Ramji Prajapati And 2 Others vs State Of U.P. And Another on 3 April, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 44159 of 2022
Applicant :- Ramji Prajapati And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Sushil Kumar
Counsel for Opposite Party :- G.A.,Lakshman Singh
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants, the learned Additional Government Advocate for the State, and Sri Lakshman Singh, learned counsel for opposite party no. 2 as well as perused the materials on record.
This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 05.09.2022 and the entire proceedings of Complaint Case No. 22 of 2022 (Manoj Kumar Ahirwar Vs. Ramji Prajapati and Others), under Sections 323, 504, 506 I.P.C. and Sections 3(1)(Da)(Dha) of S.C./ S.T. Act, Police Station Kotwali Orai, District Jalaun, pending in the Court of learned Special Judge (S.C./S.T. Act), Jalaun at Orai.
On 20.02.2023, the Court has passed following order:
"Heard learned counsel for the applicants, Shri Laxman Singh learned counsel for opposite party No.2 and learned A.G.A. for the State.
Perused the record.
Learned counsel for opposite party No.2 has filed an affidavit mentioning therein that the parties have amicably settled their dispute outside the Court and opposite party No.2 did not want to face the trial nor he wants the prosecution of applicant.
In view of the above, let the applicant as well as opposite party No.2 be present before the Court of Special Judge (SC/ST Act), Jalaun on 1.3.2023 and may file a formal compromise before the Court below.
The Special Judge (SC/ST Act), Jalaun is directed to submit its report after verification of the compromise, before this Court within a period of six weeks from today. In case, the amount of compensation has been received by opposite party No.2, the same may be deposited before the Court below.
List this matter on 3.4.2023, as fresh.
As an interim measure, it is provided that till the next date of listing, no coercive action shall be taken against the applicants in the Complaint Case No.22 of 2022 (Manoj Kumar Ahirwar vs. Ramji Prajapati and others) under Sections 323, 504, 506 IPC and 3(1)(Da)(Dha) SC/ST Act, Police Station - Kotwali Orai, District - Jalaun."
Pursuant to the above order, the learned Special Judge (S.C./S.T. Act), Jalaun at Orai, vide order dated 20.03.2023 has verified the compromise so entered into between the parties. Certified copies of the order of the learned Special Judge (S.C./S.T. Act), Jalaun at Orai dated 20.03.2023 and the compromise have been placed alongwith order sheet of the present application.
Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the concerned Judge, the entire proceedings of the aforesaid 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 complaint case are quashed. He also undertakes that the amount, if any, given to the opposite party no. 2 as compensation under the provision of S.C./S.T. Act the same shall be returned to the authority concerned within two weeks.
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 case as the parties have already settled their dispute.
Accordingly, the proceeding of Complaint Case No. 22 of 2022 (Manoj Kumar Ahirwar Vs. Ramji Prajapati and Others), under Sections 323, 504, 506 I.P.C. and Sections 3(1)(Da)(Dha) of S.C./ S.T. Act, Police Station Kotwali Orai, District Jalaun, pending in the Court of learned Special Judge (S.C./S.T. Act), Jalaun at Orai are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 3.4.2023
SK Srivastava
