Allahabad High Court
Deshpat Kushwaha And 3 Others vs State Of U.P And Another on 14 February, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- APPLICATION U/S 482 No. - 33449 of 2022
Applicant :- Deshpat Kushwaha And 3 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Ramesh Kumar
Counsel for Opposite Party :- G.A.,Anil Kumar Bind
Hon'ble Shiv Shanker Prasad,J.
Supplementary affidavit filed on behalf of the applicant in the Court today is taken on record.
Heard Mr. Ramesh Kumar, learned counsel for the applicants, the learned Additional Government Advocate for the State, and Mr. Anil Kumar Bindh, learned counsel for opposite party no.2 as also perused the material available on record.
This application under Section 482 Cr.P.C. has been filed challenging the charge-sheet dated 28th November, 2018 as well as the entire proceedings of Special Sessions Trial No. 85 of 2019 (State Vs. Deshpat Kushwaha & Others), arising out of Case Crime No. 0275 of 2018, under Sections 147, 323, 504 and 506 I.P.C., Police Station-Jakhaura, District-Lalitpur, pending in the Court of Special Judge (S.C./S.T.) Act,Lalitpur.
Learned counsel for the applicants submits that the dispute between the parties, who are known to each other very well, is purely civil and private in nature. The FIR came to be lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged. There never was any criminal intent on part of the applicant/s nor any criminal offence as alleged had ever occurred. There are no injuries. At present, the parties to the dispute who are related to each other, have resolved their differences and made peace. In view of the settlement reached between the parties, they pray another chance be given to them to develop and experience normal relationship. The continuance of the criminal trial may in fact hamper the otherwise good chance of the parties enjoying a normal relationship. In such changed circumstances, the opposite party no. 2 does not wish to press charges against the applicant.
In the above regard, a compromise has been entered into between the parties. Thereafter the applicants have approached this Court by means of the present application for quashing the aforesaid case in terms of compromise entered into between the parties. A Coordinate Bench of this Court passed following order on 18th October, 2022:
"Sri Anil Kumar Bind, learned counsel has filed Vakalatnama on behalf of the opposite party no.2 today in the Court, which is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing the proceedings of special Sessions Trial No. 85 of 2019 (State Vs. Deshpat Kushwaha and others) arising out of Case Crime No. 0275 of 2018 under Sections 147, 323, 504, 506 I.P.C. Section 3 (1) Da, Dha of SC/ST Act, Police Station Jakhaura, District Lalitpur, pending before learned Special Judge (SC/ST Act), District Lalitpur as well as to quash the charge sheet dated 28.11.2018 filed in the aforesaid case, pursuant to the compromise entered into between the parties.
Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.
Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the compromise.
Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
List after two months.
Till then no coercive measure shall be taken against the applicants in the aforesaid case"
Learned counsel for the applicant further submits that in compliance of the order of this Court dated 18th October, 2022, the court below has verified the said compromise vide order dated 5th December, 2022, copies of the compromise deed and verification order have been enclosed as S.A.-1 and S.A.-2 to the supplementary affidavit filed today.
Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him.
On the instruction received, learned counsel for opposite party no.2 submits that since the parties have entered into a compromise and the same has also been verified by the court below, 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 Special Sessions Trial No. 85 of 2019 (State Vs. Deshpat Kushwaha & Others), arising out of Case Crime No. 0275 of 2018, under Sections 147, 323, 504 and 506 I.P.C., Police Station-Jakhaura, District-Lalitpur, pending in the Court of Special Judge (S.C./S.T.) Act,Lalitpurd, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
(Shiv Shanker Prasad, J.)
Order Date :- 14.2.2023
Sushil/-
