Allahabad High Court
Ranvir Singh And 3 Others vs State Of U.P. And Another on 13 February, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- APPLICATION U/S 482 No. - 5188 of 2023
Applicant :- Ranvir Singh And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Lavesh Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Sri Krishna Madhow Pandey, Advocate has filed his vakalatnama on behalf of the opposite party no. 2 in the Court today, which is taken on record.
Heard Lavesh Sharma, learned counsel for the applicants, the learned Additional Government Advocate for the State, and Mr. Krishna Madhow Pandey, 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 entire proceeding on the basis of compliance of S.T. No. 604 of 2015, arising out of Case Crime No. 264 of 2013, under Section 308, 352, 323, 504, 506 I.P.C., Police Station Kagaraul, District Agra pending in the Court of Upper Session Judge Court No. 5, Agra.
On 27.09.2022, the Court has passed following order:
"Heard Mr. Lavesh Sharma, learned counsel for the applicants and Mr. Pankaj Srivastava, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Session Trial No.604 of 2015, arising out of Case Crime No.264 of 2013, under Sections 308, 352, 323, 504, 506 IPC, Police Station-Kagaraul, District-Agra, pending in the Court of Uppar Session Judge, Court No.5, Agra.
Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them out of court. In this regard, a compromise application has been filed before the court concerned stating therein that they have entered into compromise and they do not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law.
Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.
In view of the above, both the parties are directed to appear before the court below along with a certified copy of this order within two weeks from today and be permitted to file a proper compromise deed. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?
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.
Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed of. "
Pursuant to the above order, the learned Additional Session Judge, Court No. 05, Agra vide order dated 03.11.2022 has verified the compromise so entered into between the parties. Certified copies of the order of the Additional Session Judge, Court No. 05, Agra dated 03.11.2022 and the compromise have been brought on record as annexure no. 6.
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 Magistrate, the entire proceedings of the aforesaid criminal 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 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 wherein 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 S.T. No. 604 of 2015, arising out of Case Crime No. 264 of 2013, under Section 308, 352, 323, 504, 506 I.P.C., Police Station Kagaraul, District Agra pending in the Court of Upper Session Judge Court No. 5, Agra are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 13.2.2023
SK Srivastava
