Allahabad High Court
Shoeb Alim And 2 Others vs State Of U.P. And Another on 17 March, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 970 of 2023
Applicant :- Shoeb Alim And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Jyoti Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Mr. Pushpendra Kumar Mishra, Advocate has put in appearance on behalf of opposite party no.2 by filing his vakalatnama along with short counter affidavit in the Court today which is taken on record.
Heard Mr. Jyoti Kumar Singh, learned counsel for the applicants, Mr. Pushpendra Kumar Singh, learned counsel for opposite party no.2 and the learned Additional Government Advocate for the State as well as perused the entire material available on record.
This application under Section 482 Cr.P.C. has been filed challenging the charge-sheet no. 37 of 2020 as well as entire proceedings of Criminal Case No. 3 of 2021 (State Vs. Shoeb & Others), arising out of Case Crime No. 14 of 2020, under Sections 498-A, 313, 323, 294, 506, 34 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Mahila Thana, District-Rampur, pending in the Court of Civil Judge (Junior Division)/F.T.C. (C.A.W.), Rampur on the basis of compromised so arrived at between the parties on 14th March, 2022.
Applicant no.1 is the husband of opposite party no.2 and applicant nos. 2 and 3 are relatives of applicant no.1. Since the dispute between the parties was matrimonial in nature, both the parties resolved their dispute amicably and arrived at a compromise on 14th March, 2022. On the basis of the said compromise, the applicants have approached this Court by means of present application U/S 482 for quashing as aforesaid. On 17th January, 2023, following order was passed:
"Heard learned counsel for the applicants as well as learned A.G.A for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no. 37 of 2020 as well as entire proceeding of Criminal Case No. 3 of 2021 (State of U.P. vs. Shoeb and others) arising out of Case Crime No. 14 of 2020, under Sections 498A, 313, 323, 294, 506, 34 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Rampur pending in the court of learned Civil Judge (J.D), (FTC) (CAW), Rampur on the account of compromise dated 14.03.2022.
Learned counsel for the applicants submits that matter has been sought out between the parties and compromise deed has been signed by all the stakeholder as annexed as annexure no. 3 to the application.
It is expected from learned Civil Judge (J.D), (FTC) (CAW), Rampur would look into the matter and after summoning contesting parties would verifiy the covenants of the compromise as well as signatories and pass a suitable order within next 15 days regarding the said compromise.
Put up this case on 09.02.2023 as fresh so as to enable to learned counsel for the applicants to file supplementary affidavit annexing the order of Civil Judge (J.D), (FTC) (CAW), Rampur.
Till the next date of listing, no coercive action shall be taken against the applicants in pursuance of Criminal Case No. 3 of 2021 (State of U.P. vs. Shoeb and others) arising out of Case Crime No. 14 of 2020, under Sections 498A, 313, 323, 294, 506, 34 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Rampur pending in the court of learned Civil Judge (J.D), (FTC) (CAW), Rampur on the account of compromise dated 14.03.2022"
Pursuant to the aforesaid order, the Civil Judge (Junior Division)/F.T.C. (C.A.W.), Rampur in the presence of both the parties has verified the said compromise vide order dated 27th February, 2023, a copy of which has been enclosed as Annexure SCA-1 to the short counter affidavit filed today on behalf of opposite party no.2.
Learned counsel for the applicants submits that since the compromise so arrived at between the parties and the same has also been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
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 criminal case as the parties have already settled their dispute.
Accordingly, the proceedings of charge-sheet no. 37 of 2020 as well as entire proceedings of Criminal Case No. 3 of 2021 (State Vs. Shoeb & Others), arising out of Case Crime No. 14 of 2020, under Sections 498-A, 313, 323, 294, 506, 34 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Mahila Thana, District-Rampur, pending in the Court of Civil Judge (Junior Division)/F.T.C. (C.A.W.), Rampur, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
(Shiv Shanker Prasad, J.)
Order Date :- 17.3.2023
Sushil/-
