Anuj Singh vs State Of U.P. And Another
2023 Latest Caselaw 760 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- APPLICATION U/S 482 No. - 34646 of 2022
 

 
Applicant :- Anuj Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anish Kumar Singh
 
Counsel for Opposite Party :- G.A.,Naresh Chandra Pal
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard the learned counsel for the applicant, learned A.G.A. for the State and perused the record.

It is prayed that in compliance of this Court's order dated 16.11.2022 the trial court has verified the compromise between the parties and the certified copy of the compromise deed verified by the trial court and the order passed thereon by the trial court are placed before this Court by way of supplementary affidavit as some of the sections are non-compoundable, so the compromise be accepted.

Learned counsel for the opposite party no.2 is agreed with the submissions made by learned counsel for the applicant. Along with the supplementary affidavit, certified copy of the compromise deed between the parties and the order passed thereon by the trial court dated 07.12.2022 is placed before this Court.

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 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 personal and 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. The opposite party no.2 has received the amount in dispute.

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 entire proceedings of theCase No. 2942 of 2021 (State Vs. Anuj Singh) arising out of Case Crime No. 002 of 2021, under sections 419, 420 IPC and 66C, 66D of Information Technology Act, 2000, Police Station Cyber Crime Police Thana, District Prayagraj pending in the court of A.C.J.M.-II, Allahabad are hereby quashed.

The present application under section 482 Cr.P.C. is allowed.

Order Date :- 9.1.2023

Krishna*