Allahabad High Court
Budhpal Singh vs State Of U.P. And Another on 16 March, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 1878 of 2023
Applicant :- Budhpal Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ram Janam Shahi
Counsel for Opposite Party :- G.A.,Suresh Kumar
Hon'ble Shiv Shanker Prasad,J.
Supplementary affidavit filed on behalf of the applicant, is taken on record.
Heard Sri Ram Janam Shahi, learned counsel for the applicant, the learned Additional Government Advocate for the State, and Sri Suresh Kumar, 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 proceedings of S.T. No. 1177 of 2008 (State Vs. Budhpal), arising out of Case Crime No. 312 of 2006, under Sections 452, 323, 324, 308, 504 I.P.C., Police Station Banda, District Shahjahanpur, pending in the court of Additional District Judge-1, Shahjahanpur on the basis of the compromise.
On 15.02.2023, a Coordinate Bench of this Court has passed following order:
"Heard Shri Ram Janam Shahi, learned counsel for the applicant; Shri Suresh Kumar, larned counsel for opposite party no.2 and learned A.G.A. Perused the record.
By means of the present 482 application the applicant is exploiting the plenary powers of this Court for quashing the entire criminal proceeding of S.T. No.1177 of 2008 (State vs. Budhpal), arising out of Case Crime No.312 of 2006, u/s 323, 324, 308, 452, 504 I.P.C., P.S.-Banda, District Shahjahanpur, pending in the court of learned Additional District Judge-(I), Shahjahanpur on the basis of compromise dated 15.12.2022.
Learned counsel for the applicant submits that the parties have come to truce and they have buried their differences outside the Court and in this regard a compromise deed is executed between the parties on 15.12.2022, which is annexed as Annexure-8 to the petition. Thus, the criminal prosecution pending against the applicants should be quashed.
Under these circumstances, the contesting parties are required to appear before the concerned court below and file an application along with the alleged compromise deed dated 15.12.2022 for its verification. If such application along with the alleged compromise deed is filed by the applicant, the court concerned in turn, after summoning both the parties shall explain the terms of compromise to them and verify the alleged compromise and its covenants and signatories by way of passing a suitable order. While passing order, the court concerned must verify as to whether the said compromise has been done by the parties on their own free and sweet will and without any fear of coercion exerted upon them. This process of verification of compromise must be completed within 20 days from today.
After the order of verification is passed by the concerned court, learned counsel for the applicant would file supplementary affidavit annexing the same within a week thereafter.
Put up as fresh on 16.3.2023.
Till next date of listing, no coercive action shall be taken against the applicant in aforesaid case in order to facilitate the parties to come to terms."
Pursuant to the above order, the Additional Sessions Judge, Court No. 1, Shahjahanpur vide order dated 02.03.2023 has verified the compromise so entered into between the parties. Certified copies of the order of the Additional Sessions Judge, Court No. 1, Shahjahanpur dated 02.03.2023 and the compromise have been brought on record as annexure No.SA-1 to the supplementary affidavit.
Learned counsel for the applicant 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 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.T. No. 1177 of 2008 (State Vs. Budhpal), arising out of Case Crime No. 312 of 2006, under Sections 452, 323, 324, 308, 504 I.P.C., Police Station Banda, District Shahjahanpur, pending in the court of Additional District Judge-1, Shahjahanpur, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 16.3.2023
Abhishek Singh
