Allahabad High Court
Kuldeep And 2 Others vs State Of U.P And Another on 28 February, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- APPLICATION U/S 482 No. - 5895 of 2022
Applicant :- Kuldeep And 2 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Santosh Kumar Singh
Counsel for Opposite Party :- G.A.,Yogendra Pal Singh
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants, the learned Additional Government Advocate for the State, and Sri Yogendra Pal Singh, 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 summoning order dated 10.02.2021 passed by the Additional District and Session Judge/ Special Judge (S.C./S.T. Act), Amroha in Complaint Case No. 11 of 2019 (Vileram Vs. Kuldeep and Others), under Sections 323/34, 506/34, I.P.C. and Section 3(2)(va), 3(1)(r), 3(1)(s) of S.C./S.T. Act, Police Station Amroha Nagar, District Amroha.
On 14.03.2022, the Court has passed following order:
"Heard learned Counsel for the applicants, learned counsel for the opposite party no. 2 and learned AGA for the State.
It has been stated by learned counsel for both the parties that parties have entered into compromise and settled their disputed amicably. It is further stated that the parties have filed compromise deed in the trial Court and the same is annexed as annexure no.3 in the affidavit accompanied with the present application.
Trial Court is directed to verify the compromise deed between the parties and submit verification report within four weeks.
List in the first week of May, 2022 as fresh along-with verification report. Name of Sri Yogendra Pal Singh, Advocate be shown as counsel for opposite party no.2."
Pursuant to the above order, the learned Additional District and Session Judge/ Special Judge (S.C./S.T. Act), Amroha, vide order dated 24.03.2022 has verified the compromise so entered into between the parties. Certified copies of the order of the learned Additional District and Session Judge/ Special Judge (S.C./S.T. Act), Amroha, vide order dated 24.03.2022 and the compromise have been placed alongwith order sheet of the present application.
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 Judge, the entire proceedings of the aforesaid complaint 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 complaint case are quashed. He also undertakes that the amount which was given to the opposite party no. 2 as compensation under the provision of S.C./S.T. Act shall be returned to the authority concerned within two weeks.
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 complaint case as the parties have already settled their dispute.
Accordingly, the proceeding of Complaint Case No. 11 of 2019 (Vileram Vs. Kuldeep and Others), under Sections 323/34, 506/34, I.P.C. and Section 3(2)(va), 3(1)(r), 3(1)(s) of S.C./S.T. Act, Police Station Amroha Nagar, District Amroha, pending in the Court of learned Additional District and Session Judge/ Special Judge (S.C./S.T. Act), Amroha are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 28.2.2023
SK Srivastava
