Allahabad High Court
Uttam Singh And Another vs State Of U.P. And 2 Others on 14 March, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 19121 of 2020
Applicant :- Uttam Singh And Another
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Ajay Kumar Pandey
Counsel for Opposite Party :- G.A.,Jay Babu Kesharwani
Hon'ble Shiv Shanker Prasad,J.
Heard Mr. Ajay Kumar Pandey, learned counsel for the applicants, the learned Additional Government Advocate for the State and Mr. Babu Kesharwani, 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 impugned order dated 17.11.2020 as well as non-bailable warrants order passed by learned Additional Sessions Judge, Court No.13/(D.A.A/), Agra in S.S.T. No.192 of 1985 (Ram Narain Vs. Uttam Singh & others), under Section 395 I.P.C., Police Station Kotwali, District Agra with an alternate prayer to stay the effect and operation of the impugned order dated 17.11.2020, which is now pending in the Court of Additional Sessions Judge, Court No.13/(D.A.A/), Agra.
On 22.04.2022, the Court has passed following order:
"Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. for the State and perused the material placed on record.
Learned counsel for the applicants states that matter has been compromised between the parties. He further states that the compromise dated 06.01.2021 (annexure-SA-2) has been filed before the Court below but same has not been verified as yet by the learned court below.
On these facts, as the parties have arrived for some amicable settlement regarding which compromise duly arrived at between the parties is pending verification before learned court below and, therefore, it would be in the interest of justice to protect the right of the applicant pending final disposal of the matter. Learned counsel also submits that as the parties have entered into amicable settlement, there is no likelihood of conviction in the matter.
As an interim measure, till the next date of listing, the interim order, granted earlier, shall continue to operate.
However, learned counsel for the applicants, as prayed, is granted three weeks time to get the compromise deed (annexure-SA-2) verified from the court below and file a certified copy thereof, on or before the next date of listing before this Court.
Learned counsel for the applicant is directed to file copy of this order before the court below for compliance, failing which, interim protection given by this Court shall cease to operate and law will take its own course.
As prayed, list/put up this case in the week commencing 04.07.2022."
Pursuant to the above order, the Special Judge Dacoity Affected Area, Agra vide order dated 08.01.2021 has verified the compromise so entered into between the parties. In the order of the Special Judge Dacoity Affected Area, Agra vide order dated 08.01.2021. Certified copies of the order of the Special Judge Dacoity Affected Area, Agra vide order dated 08.01.2021 and the compromise have been brought on record as annexure No.2 to 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 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 wherein 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 S.S.T. No.192 of 1985 (Ram Narain Vs. Uttam Singh & others), under Section 395 I.P.C., Police Station Kotwali, District Agra, which is pending in the Court of Additional Sessions Judge, Court No.13/(D.A.A/), Agra, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 14.3.2023
Zafar
