Allahabad High Court
Chaman Singh Alias Chaman And 6 ... vs State Of U.P. And Another on 5 April, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 29569 of 2022
Applicant :- Chaman Singh Alias Chaman And 6 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sachin Malik
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants, the learned Additional Government Advocate for the State as well as perused the materials on record.
This application under Section 482 Cr.P.C. has been filed to quash the order dated 07.03.2022 as well as entire proceedings of Case No. 6868/9 of 2018 (State Vs. Chaman and others), under Sections 147, 323, 504 I.P.C., Police Station Kotwali Muzaffarnagar, pending in the court of Chief Judicial Magistrate, Muzaffarnagar on the basis of the compromise.
This Court on 19.09.2022 passed following orders in the matter:-
"This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the order dated 7.3.2022 passed by Chief Judicial Magistrate, Muzaffarnagar in Case No.6868/9 of 2018 (State vs. Chaman and others), under Sections 147, 323, 504 I.P.C., P.S. Kotwali, District Muzaffarnagar pending in the court of Chief Judicial Magistrate Muzaffarnagar and also to quash the entire proceedings of the aforesaid case.
Heard learned counsel for applicant and learned AGA for the State.
Counsel for the applicant submits that the parties have entered into compromise. A copy of compromise dated 7.3.2022 is annexed as Annexure -4 to the affidavit.
Accordingly, it is provided that the parties shall appear before the Court concerned along with a copy of this order within two weeks from today and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a short date for verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of three weeks thereafter. Upon due verification, the Court below may pass appropriate order in that regard and send a report to this Court on or before 7.11.2022.
Place this case as fresh on 7.11.2022 before appropriate Court."
Pursuant to the above order, the Chief Judicial Magistrate, Muzaffarnagar vide order dated 19.10.2022 has verified the compromise so entered into between the parties. Certified copies of the order of the Chief Judicial Magistrate, Muzaffarnagar dated 19.10.2022 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 A.G.A. has also not denied the aforesaid facts and 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 order dated 07.03.2022 as well as entire proceedings of Case No. 6868/9 of 2018 (State Vs. Chaman and others), under Sections 147, 323, 504 I.P.C., Police Station Kotwali Muzaffarnagar, pending in the court of Chief Judicial Magistrate, Muzaffarnagar, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 5.4.2023
Abhishek Singh
