Allahabad High Court
Anurag Agarwal And 2 Others vs State Of U.P And Another on 10 February, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- APPLICATION U/S 482 No. - 4308 of 2023
Applicant :- Anurag Agarwal And 2 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Vikrant Rana
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard Mr. Vikrant Rana, learned counsel for the applicants and learned Additional Government Advocate for the State as well as perused the entire material available on record.
This application under Section 482 Cr.P.C. has been filed challenging the Charge-sheet no. 36 of 2018 dated 17th February, 2018 as well as the entire proceedings of Criminal Case No. 333 of 2019 (State Vs. Anurag & Another), arising out of Case Crime No. 562 of 2017, under Sections 420, 406, 323, 504 and 506 I.P.C., Police Station-Sadar Bazar, District-Meerut on the basis of compromised so arrived at between the parties.
Learned counsel for the applicants submits that the applicants have approached this Court earlier by means of Application U/S 482 Cr.P.C. No. 18861 of 2022 (Anurag Agrawal & 2 Others Vs. State) for quashing of the entire proceedings of the aforesaid criminal case. In the said application, this Court on 22nd July, 2022 has passed following order:
'Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party No.2 and perused the record.
The instant application has been filed for quashing the charge-sheet bearing no. 36 of 2018 dated 17.02.2018 submitted in Case Crime No. 562 of 2017, under Section 420, 406, 323, 504 and 506 IPC, P.S. Sadar Bazar, District Meerut and also the entire consequential criminal proceedings of Case No. 333 of 2019 (State vs. Anurag and another) pending in the court of Chief Judicial Magistrate, Meerut initated in pursuance of charge sheet in Case Crime No. 562 of 2017, under Sections 420, 406, 323, 504 and 506 IPC.
Learned counsel for the applicants submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.11 to the application.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.
The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.
For a period of one month, the proceedings of Case No. 333 of 2019 (State vs. Anurag and another) pending in the court of Chief Judicial Magistrate, Meerut, shall remain stayed.
Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same. "
Pursuant to the aforesaid order, the applicants and opposite parties have filed a compromise deed dated 29th April, 2022 before the Chief Judicial Magistrate, Meerut on which he vide order dated 26th August, 2022 has verified the compromise so arrived at between the parties, copies of the certified copy of the compromise and the order of the Chief Judicial Magistrate have been enclosed as Annexure-14 to the affidavit accompanying the present application.
Learned counsel for the applicants submits that since the compromised so arrived at between the parties and the same has also been verified by the court below, the entire proceedings of the aforesaid criminal case be may be quashed by this Court.
Learned A.G.A. for the State submits that since the parties have entered into a compromise, opposite party no. 2 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 criminal case as the parties have already settled their dispute.
Accordingly, the proceedings of entire proceedings of Criminal Case No. 333 of 2019 (State Vs. Anurag & Another), arising out of Case Crime No. 562 of 2017, under Sections 420, 406, 323, 504 and 506 I.P.C., Police Station-Sadar Bazar, District-Meerut, pending in the Court of Chief Judicial Magistrate, Meerut are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
(Shiv Shanker Prasad, J.)
Order Date :- 10.2.2023
Sushil/-
