Allahabad High Court
Krishna Murari Chaubey And ... vs State Of U.P. And Another on 2 March, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- APPLICATION U/S 482 No. - 31986 of 2022
Applicant :- Krishna Murari Chaubey And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anurag Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Supplementary affidavit filed on behalf of the applicants, is taken on record.
Heard Sri Anurag Singh, learned counsel for the applicants, the learned Additional Government Advocate for the State and perused the materials on record.
This application under Section 482 Cr.P.C. has been filed to quash the charge-sheet No. 79 of 2021 dated 26.03.2021 as well as entire proceeding of Criminal Case No. 85118 of 2022 (State Vs Krishna Murari Chaubey and another), arising out of Case Crime No. 350 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Panki, District Kanpur Nagar, pending int he court of Additional Chief Metropolitan Magistrate, Court No. 2, Kanpur Nagar, on the basis of the compromise.
On 04.11.2022, this Court passed following order in the matter:-
"Heard learned counsel for the applicants, learned A.G.A. for the State, and perused the record.
By way of the instant application, the applicants have sought for quashment of the charge sheet no.79 of 2021 dated 26.03.2021 and the proceeding in criminal case no.85118 of 2022 State Vs. Krishna Murari Chaubey and another, arising out of Case Crime No.350 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Panki, District Kanpur Nagar, pending in the court of the Additional Chief Metropolitan Magistrate, Court No.2, Kanpur Nagar.
Learned counsel appearing for the applicants submits that both the parties filed compromise deed (annexure no.4) to the affidavit filed in support of this application as understanding has reached between the parties to settle their dispute amicably. The claim so raised is sustained. The present compromise deed is required to be verified physically by the trial court.
In view of above, it is directed that both the parties shall appear on 17.11.2022 before the court concerned and shall present the compromise deed before it. In the event on 17.11.2022, verification process cannot be drawn and is incomplete because of unforeseen circumstances / paucity of time of the court, then the date of next working will be fixed for its verification. In case, any compromise deed is so presented then physical verification of the parties shall be done and the order shall be passed by the court concerned thereon. In case any order is passed by the court concerned, the certified copy of the same shall be placed on record by way of filing affidavit by the present applicants.
List this case on 29.11.2022 in the additional cause list.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case."
Pursuant to the above order, the Additional Chief Metropolitan Magistrate, Court No. 2, Kanpur Nagar vide order dated 17.11.2022 has verified the compromise so entered into between the parties. Certified copies of the order of theA.C.M.M.-II, Kanpur Nagar dated 17.11.2022 and the compromise have been brought on record as annexure No.SA-1 to the 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 court below, the entire proceedings of the aforesaid criminal case are liable to be quashed.
Learned AGA for the State has also not denied the aforesaid facts and 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 proceedings of charge-sheet No. 79 of 2021 dated 26.03.2021 as well as entire proceeding of Criminal Case No. 85118 of 2022 (State Vs Krishna Murari Chaubey and another), arising out of Case Crime No. 350 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Panki, District Kanpur Nagar, pending int he court of Additional Chief Metropolitan Magistrate, Court No. 2, Kanpur Nagar, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 2.3.2023
Abhishek Singh
