Allahabad High Court
Shabnam Qureshi And Another vs State Of Uttar Pradesh And Another on 3 August, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:156089
Court No. - 87
Case :- APPLICATION U/S 482 No. - 31110 of 2022
Applicant :- Shabnam Qureshi And Another
Opposite Party :- State Of Uttar Pradesh And Another
Counsel for Applicant :- Akhilesh Kumar
Counsel for Opposite Party :- G.A.,Vineet Singh Parmar
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Vineet Singh Parmar, learned counsel for the opposite party No. 2.
The present 482 Cr.P.C. application has been filed to quash the cognizance order dated 25.08.2022, charge sheet dated 12.05.2022 as well as entire proceedings of Case No. 2068 of 2022, arising out of Case Crime No. 089 of 2022, under Sections- 384, 447, 504, 506 I.P.C. and 3(1)r, (s) of SC/ST Act, Police Station- Sadar bazar, District- Saharanpur.
The case was heard on 18.04.2023 and the Court has passed the following order:-
"Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 12.05.2022, under Sections 452, 384, 447, 504, 506 IPC and Section 3(1)r, (s) of SC/ST Act, Police Station Sadar Bazar, District Saharanpur as well as entire proceedings in Case No. 2068 of 2022, arising out of Case Crime No. 089 of 2022 pending in the Court of learned Special Judge SC/ST Act 1989/Additional District and Session Judge Court No. 2, Saharanpur on the basis of compromise so entered into between the parties.
It is submitted on behalf of the applicants that both the parties are known to each other very well and the dispute between there is due to land and money. He further submits that on account of intervention of well-wishers of the applicants and opposite party no. 2, they have settled their disputes and arrived at a compromise. On the basis of said compromise, an affidavit has been filed by opposite party no.2 before the court below that he does not want to press the criminal proceedings initiated by him against the applicant. It is, thus, contended that proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303.
Learned counsel for opposite party no. 2 also does not dispute the correctness of the submissions made by the learned counsel for the applicants.
Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.
Put up this case on 22.05.2023 before the appropriate Bench.
Learned counsel for the parties undertake that they shall make a fresh compromise application before the court below within a week from today for verification of the aforesaid compromise. They further undertake to ensure their presence before the court below or any other transferee court, as the case may be, on 27.04.2023 and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.
Office is directed to send through FAX a copy of this order within 24 hours.
Parties are also directed to produce certified copy of this order along with a fresh compromise application before the court concerned within a week from today.
Till the next date of listing, no coercive steps would be taken against the applicants in the aforesaid criminal case."
Pursuant to order dated 18.04.2023, compromise has been verified by the trial Court vide order dated 27.04.2023 and the same has been received from Special Judge SC/ST Act, Saharanpur vide letter dated 19.05.2023
Learned counsel for the opposite party No. 2 has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.
In view of the facts and circumstances of the case, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
The present application is, accordingly allowed.
No order as to costs.
Order Date :- 3.8.2023
ADY
