Atar Singh Kushwaha And 2 Other vs State Of U.P. And Another
2023 Latest Caselaw 2579 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 38322 of 2022
 

 
Applicant :- Atar Singh Kushwaha And 2 Other
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Lakshman Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Chandra Sharma,J.

Heard learned counsel for the applicant, Sri Lakshman Singh and Sri Vijay Singh Senger, learned counsel who has filed Vakalatnama on behalf of opposite party No. 2. It shall be indexed on record by the office.

The present application u/s 482 Cr.P.C. has been filed with the prayer to quash entire proceeding of Case No. 1041 of 2017 (Smt. Seema Devi Vs. Atar Singh and others under Section 452, 323, 504, 506, I.P.C. Police Station- Sirsakalar, District Jalaun pending in the court of Judicial Magistrate Jalaun on the basis of compromise.

Earlier an application No. 39544 of 2018 under Section 482 Cr.P.C. Atar Singh Kushwaha and two others Vs. State of U.P. and another was moved for quashing the aforesaid proceeding.

During the pendency of the aforesaid application, parties entered into compromise and the application was finally disposed of that if parties file compromise before the concerned court and it is verified, it shall be made part of the record. It was directed that for a period of one month no coercive action shall be taken against the applicants.

In compliance of the above order, parties shall appear before the Civil Judge Junior Division/J.M., Jalaun and execute compromise deed which was verified by him on 12.01.2022. Certified copy of the above verified compromise deed has been annexed as Annexure No. 8 to this writ petition. Since the parties have entered into compromise, the offence is personal in nature. Therefore, in view of the following Judgment:-

The attention of This Court has been drawn to 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 cases, 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. And 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.

In view of the above, the proceedings of the aforesaid Case are hereby, quashed.

The application is, accordingly, allowed. There shall be no order as to costs.

Order Date :- 24.1.2023

Rajesh