Allahabad High Court
Smt. Pukkhan Devi vs State Of U.P. And Another on 15 March, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 15875 of 2019
Applicant :- Smt. Pukkhan Devi
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Awadhesh Prasad
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Awadhesh Prasad, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the proceedings of Case No. 4243 of 2014, under Sections 420, 467, 468, 120B IPC, P.S.-Chirgaon, District Jhansi, arising out of Case Crime No. 927 of 2009.
Earlier, on 25.4.2019, the following order was passed:-
"Short counter affidavit filed on behalf of opposite party no.2 is taken on record.
Learned counsel for the parties jointly submits that both the parties have entered into a compromise and a copy of the compromise deed has been filed as Annexure-1 to the short counter affidavit.
In the short counter affidavit in para-5 of the short counter affidavit, opposite party no.2 has also stated that the compromise has taken place between the parties.
In view of above, parties are directed to appear before the court below on 16.05.2019 for verification of the compromise, which has been annexed (Annexure-1 to the short counter affidavit).
List on 30.05.2019 along with report of compromise verification before appropriate Bench.
Meanwhile, no coercive measure shall be taken/executed against the applicants."
In compliance of the aforesaid order, the court concerned has verified the compromise by order dated 16.5.2019 in the presence of parties along with their respective counsel. Certified copy of the aforesaid order has been brought on record as Annexure SA-1 to the supplementary affidavit dated 19.7.2022.
Learned counsel for the applicant submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicant.
Before proceeding any further it shall be apt to make a brief reference to the following cases:-
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; and
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 criminal case as the parties have already settled their dispute.
Accordingly, the entire proceedings of Case No. 4243 of 2014, under Sections 420, 467, 468, 120B IPC, P.S.-Chirgaon, District Jhansi, arising out of Case Crime No. 927 of 2009, pending in the Court of Additional Chief Judicial Magistrate, First, Jhansi, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be certified to the lower court forthwith.
Order Date :- 15.3.2023
DS
