Allahabad High Court
Chhotu Pal @ Shivmohan Pal And 6 ... 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. - 2071 of 2023
Applicant :- Chhotu Pal @ Shivmohan Pal And 6 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mahesh Kumar
Counsel for Opposite Party :- G.A.,Yogesh Kumar Tiwari
Hon'ble Shiv Shanker Prasad,J.
Supplementary affidavit filed on behalf of the applicants in the Court today is taken on record.
Heard Mr. Mahesh Kumar, learned counsel for the applicants, Mr. Yogesh Kumar Tiwari, 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 entire proceedings of Sessions Trial No. 09 of 2017 (State Vs. Chhotu Pal & Others), arising out of Case Crime No. 810 of 2015, under Sections 436 and 427 I.P.C., Police Station-Nawabad, District-Jhansi, pending in the Court of Additional District Judge, Court No.2, Jhansi on the basis of compromised so arrived at between the parties on 27th November, 2022.
The applicants and opposite party no.2 are known to each other and due to some misunderstanding a dispute arose between them but on account of intervention of well-wishers, both the parties resolved their dispute amicably and arrived at a compromise on 27th November, 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 1st February, 2023, following order was passed:
"Shri Yogesh Kumar Tiwari, learned counsel has filed Vakalatnama on behalf of opposite party no.2 along with short counter affidavit sworn by opposite party no.2, which is taken on record.
Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. Perused the record.
By means of the present 482 application the applicant is seeking the quashing of entire criminal proceeding of Session Trial No.09 of 2017 (State vs. Chhotu Pal and others), arising out of Case Crime No.810 of 2015, u/s 436, 427 I.P.C., P.S.-Nawabad, District Jhansi, pending in the court of learned Additional District Judge-02, Jhansi in the light of compromise took place in between parties on 27.11.2022.
Learned counsel for the applicants submits that the parties have come to truce and they have buried their differences outside the Court and to this effect a compromise deed is arrived at between the parties, which is annexed as Annexure-5 to the petition. Thus, the criminal prosecution pending against the applicants should be quashed.
Learned counsel for the opposite party no.2 has drawn attention of the Court to the contents of short counter affidavit affirming the factum of compromise.
Under these circumstances, both the contesting parties are required to appear before the court below concerned within 20 days from today along with the alleged compromise deed executed between them for its verification. If the contesting parties are appeared and filed the alleged compromise, the court concerned after hearing both the parties shall narrate and explain the covenants of the compromise to the parties and physically verify the alleged compromise, its covenants and signatories by way of passing a suitable order within this period.
The applicants' counsel would file supplementary affidavit annexing the order passed by the court below with regard to verification of compromise by the next date fixed.
Put up as fresh on 28.2.2023.
Till next date of listing, no coercive action shall be taken against the applicants in aforesaid case so as to facilitate the parties to get the compromise verified. "
Pursuant to the aforesaid order, the Additional District Judge, Court No.2, Jhansi in the presence of both the parties has verified the said compromise vide order dated 27th February, 2023, certified copies of the order of verification as well as the compromise deed have been enclosed as Annexure SA-1 to the supplementary affidavit filed today on behalf of the applicants.
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 Sessions Trial No. 09 of 2017 (State Vs. Chhotu Pal & Others), arising out of Case Crime No. 810 of 2015, under Sections 436 and 427 I.P.C., Police Station-Nawabad, District-Jhansi, pending in the Court of Additional District Judge, Court No.2, Jhansi, 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/-
