Allahabad High Court
Ram Chandra Chauhan vs State Of U.P. And Another on 1 March, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- APPLICATION U/S 482 No. - 4390 of 2023
Applicant :- Ram Chandra Chauhan
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sunil Kumar Singh
Counsel for Opposite Party :- G.A.,Vikas Singh
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant, the learned Additional Government Advocate for the State, and Mr. Vikash 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 entire criminal proceedings of Criminal Case No. 1486 of 2011 (State Vs. Laxman Chauhan) as well as charge sheet dated 16.12.2011, arising out of Case Crime No. 942 of 2010, under Sections 498-A, 504, 506 I.P.C. and under Section 3/4 D.P. Act, Police Station Bahariyabad, District Ghazipur, pending in the Court of C.J.M., Ghazipur.
The applicant is brother-in-law of daughter of opposite party no.2 namely, Neha Chauhan. Since the applicant is in Indian Army could not appear before the Court below his case was separated from Criminal Case No. 942 of 2010 on 12.10.2022 and a new criminal case bearing no. 1486 of 2011 has been registered against the applicant. Since the dispute between the brother of applicant namely, Laxman Chauhan and daughter of opposite party no. 2 namely Neha Chauhan is matrimonial in nature, a compromise application has been filed by the wife and husband before the Court below on 22.04.2018 in the proceeding under Section 125 Cr.P.C.
On the basis of aforesaid compromise application mediation between both the parties has succeeded on 13.04.2018. As per para-6 of the mediation report dated 13.04.2018 all cases filed by both the parties against each other shall be withdrawn. After said mediation daughter of opposite party no. 2 has remarried with one Bhure Singh. On the basis of said mediation report the criminal proceedings initiated against the brother of the applicant i.e. husband of daughter of opposite party no. 2 has already been withdrawn.
Since the applicant is the brother of the ex-husband of daughter of opposite party no. 2, he has been implicated in the present case, the entire proceeding of the same against the applicant are also liable to be quashed on the basis of aforesaid compromise and mediation report.
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 complaint case as the parties have already settled their dispute.
Accordingly, the entire criminal proceedings of Criminal Case No. 1486 of 2011 (State Vs. Laxman Chauhan) as well as charge sheet dated 16.12.2011, arising out of Case Crime No. 942 of 2010, under Sections 498-A, 504, 506 I.P.C. and under Section 3/4 D.P. Act, Police Station Bahariyabad, District Ghazipur, pending in the Court of C.J.M., Ghazipur are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 1.3.2023
SK Srivastava
