Allahabad High Court
Sukhpal Singh And 2 Others vs State Of U.P. And Another on 2 January, 2023
Bench: Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- APPLICATION U/S 482 No. - 21961 of 2022
Applicant :- Sukhpal Singh And 2 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 Mrs. Sadhna Rani (Thakur),J.
Heard the learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By means of this application under section 482 Cr.P.C., the applicants seek to invoke the inherent jurisdiction of this court to quash the entire proceedings of Criminal Complaint Case no. 89 of 2015, (S.S.T. No. 13 of 2016, Laxmi Shankar Vs. Sukhpal Singh and others), under sections 394, 397 I.P.C., police station Kotwali Lalitpur, District Lalitpur, pending in the court of learned Additional District and Sessions Judge/ Special Judge (D.A.A. Act), Lalitpur as well as summoning order dated 30.10.2015 passed by learned Additional District and Sessions Judge/Special Judge (D.A.A.Act), Lalitpur on the basis of the compromise dated 2.7.2022 made between the parties.
Learned counsel for the parties submit that the parties have reached at a compromise in the case and the order on compromise dated 3.11.2022 has been placed before the court by way of a supplementary affidavit whereby the learned trial court has verified the compromise filed by the parties. The compromise deed has also been placed before the court and it is submitted by the learned counsel for the parties that as the parties belong to the same family and they are cousins, so they want to live amicably and the proceedings of the cross case have also been quashed by this court vide order dated 20.2.2020 in Cr.Misc. Application (u/s 482 Cr.P.C.) No. 1121 of 2020.
Learned counsel for the opp. party no. 2 is also agreed with the submissions of the learned counsel for the applicants. The compromise deed and the verification order passed thereon by the trial court are placed before the court. The order in cross case dated 20.2.2020 passed by this court is also on record wherein on the basis of the compromise in cross case, this court has accepted the application of the opp. party under section 482 Cr.P.C. and quashed the proceedings of complaint case no. 171 of 2015 under section 394 and 397 I.P.C. police station Kotwali Lalitpur District Lalitpur.
As the learned counsel for the parties are present before the court and admitted the fact that the parties being cousins have amicably settled their dispute and compromise deed has been verified by the trial court. The compromise deed and the verification order passed thereon are before the court. In the light of Shaifullah and others Vs. State of U.P. and another [ 2013 (83) ACC 278] and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466 as well as in various other judgments, the Apex Court has categorically held that the compromise can be made between the parties even in respect of certain cognizable and non compoundable offence. The parties are not criminals, the dispute is between the family members and they have reached at a compromise, their compromise is verified by the trial court. The proceedings of the complaint case filed as cross case of the present dispute have already been quashed. The order of the same is on record.
Considering the facts and circumstances of the case and also the submissions advanced by the learned counsel for the parties, no useful purpose would be served keeping the proceedings pending of the aforesaid case. Hence, the proceedings of the Complaint Case no. 89 of 2015, (S.S.T. No. 13 of 2016, Laxmi Shankar Vs. Sukhpal Singh and others), under sections 394, 397 I.P.C., police station Kotwali Lalitpur, District Lalitpur, pending in the court of learned Additional District and Sessions Judge/ Special Judge (D.A.A. Act), Lalitpur are hereby quashed.
The present application under section 482 Cr.P.C. is allowed.
Order Date :- 2.1.2023
Gss
