Allahabad High Court
Kadir Husain Urf Abdul Kadir And 6 ... vs State Of U.P. And Another on 20 February, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- APPLICATION U/S 482 No. - 6048 of 2023
Applicant :- Kadir Husain Urf Abdul Kadir And 6 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mohammad Abid Ali
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Mohammad Abid Ali, learned counsel for the applicants, Mr. K.P. Pathak, learned AGA for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the impugned summoning order dated 23.08.2018 as well as the entire proceedings of Complaint Case No. 57 of 2018 (Israr Vs. Abdul Kadir and Others), under Sections 323, 506 I.P.C. P.S.-Sahaswan, District-Budaun, pending in the court of Judicial Magistrate, Sahaswan, District-Budaun on the basis of compromise deed dated 17.09.2022.
Earlier by order dated 01.12.2022 passed in application U/s 482 No.39543 of 2022, the Co-ordinate Bench of this Court had directed the parties to appear before the court below on 20.12.2022 alongwith the copy of original compromise deed, if not already filed before it, and the trial court was directed to verify the compromise deed in the presence of parties or their counsels within a week thereafter.
In compliance of the aforesaid order dated 01.12.2022, the compromise deed was filed before the court concerned and the trial court vide order dated 20.12.2022 has verified the said compromise in the presence of parties. A certified copy of the order dated 20.12.2022 has been annexed at Page 44 of this application.
Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicants.
Before proceeding any further it shall be apt to make a brief reference to the following cases:-
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 impugned summoning order dated 23.08.2018 as well as the entire proceedings of Complaint Case No. 57 of 2018 (Israr Vs. Abdul Kadir and Others), under Sections 323, 506 I.P.C. P.S.-Sahaswan, District-Budaun, pending in the court of Judicial Magistrate, Sahaswan, District-Budaun is hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be certified to the lower court forthwith.
Order Date :- 20.2.2023
Jitendra/-
