Allahabad High Court
Abdul Mazid And 8 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. - 1472 of 2023
Applicant :- Abdul Mazid And 8 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Rayoof Ali
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Sri Yogesh Kushwaha, Advocate has filed his vakalatnama as well as supplementary affidavit on behalf of the opposite party no. 2 in the Court today, which are taken on record.
Heard learned counsel for the applicants, the learned Additional Government Advocate for the State, and Sri Yogesh Kushwaha, 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 of Case No. 166 of 2020 (State Vs. Abdul Mazid and Others) as well as charge sheet dated 09.09.2018, arising out of Case Crime No. 0020 of 2018, under Sections 498-A, 323, 504, 506, 406 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Basti, pending before the Court of learned Judicial Magistrate / F.T.C. (Crime Against Women), Basti.
On 01.02.2023, the Court has passed following order:
"Heard learned counsel for the applicants and learned A.G.A. Perused the record.
By means of the present 482 application the applicant is seeking the quashing of entire criminal proceeding including charge sheet dated 9.9.2018 in which cognizance was taken by the learned Magistrate in Case No.166 of 2020 (State vs. Abdul Mazid and others), arising out of Case Crime No.0020 of 2018, u/s 498A, 323, 504, 506, 406 I.P.C. and Section 3/4 of D.P. Act, P.S.-Mahila Thana, District Basti, pending in the court of learned Judicial Magistrate/F.T.C. (Crime against Women), Basti on the basis of compromise dated 16.4.2021.
Learned counsel for the applicants submits that the parties have come to truce and they have buried their differences outside the Court and to this effect a compromise deed is arrived at between the parties on 16.2.2022, which is annexed as Annexure-4 to the petition. Thus, the criminal prosecution pending against the applicants should be quashed.
Under these circumstances, the applicants are required to appear before the concerned court below within 15 days and file an application along with the alleged compromise deed for its verification. If such application along with the alleged compromise deed is filed by the applicants, the court concerned in turn after summoning both the parties shall inquire as to whether this compromise is out of free and sweet will and the signatures over it belongs to the same contesting parties and pass a suitable order within same period.
After suitable order is passed by the concerned court, the applicant shall file the same by way of supplementary affidavit within ten days thereafter.
Put up as fresh on 28.2.2023.
Till next date of listing, no coercive action shall be taken against the applicants in aforesaid case pursuant to summoning order, in order to facilitate the parties to get the compromise verified by the court concerned."
Pursuant to the above order, the learned Judicial Magistrate / F.T.C. (Crime Against Women), Basti, vide order dated 22.02.2023 has verified the compromise so entered into between the parties. Certified copies of the order of the learned Judicial Magistrate / F.T.C. (Crime Against Women), Basti, vide order dated 22.02.2023 and the compromise have been brought on record as annexure no. 1 of the supplementary affidavit.
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 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 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 case as the parties have already settled their dispute.
Accordingly, the proceeding of Case No. 166 of 2020 (State Vs. Abdul Mazid and Others) as well as charge sheet dated 09.09.2018, arising out of Case Crime No. 0020 of 2018, under Sections 498-A, 323, 504, 506, 406 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Basti, pending in the Court of learned Judicial Magistrate / F.T.C. (Crime Against Women), Basti are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 28.2.2023
SK Srivastava
