Allahabad High Court
Virendra Singh And 5 Ors. vs State Of U.P. And Anr. on 20 March, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 35837 of 2018
Applicant :- Virendra Singh And 5 Ors.
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Gaurav Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Gaurav Gupta, learned counsel for the applicants, Mr. Akhilesh Kumar Srivastava, learned AGA for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings in Complaint Case No. 1006 of 2018 (Rajesh Singh Vs. Smt. Meena and others) under Sections 392, 323/149, 504,506 IPC, Police Station Katra, District Shahjahanpur as well as the summoning order dated 1 September 2018 pending before the Court of Civil Judge (Junior Division)/Judicial Magistrate Tilhar, Shahjahanpur on the basis of compromise.
Initially, on 04.10.2018, the following order was passed:-
"Heard learned counsel for the applicants and the learned AGA.
Issue notice to the opposite party No. 2 returnable within eight weeks.
All noticed opposite parties may file their replies within the aforesaid period. Post this matter before the appropriate Court after expiry of eight weeks.
From a prima facie consideration of the submissions advanced, the Court notes that in respect of an incident which is stated to have taken place on 2 July 2017, a first Information Report has already been lodged against the applicant on 4 July 2017 and in which a charge-sheet has been submitted on which cognizance has been taken by the concerned Court on 24 August 2018. In respect of an incident which is stated to have taken place on the same date, learned counsel for the applicants states that separate proceedings under Section 156(3) Cr.P.C. could not have been initiated.
Matter requires consideration.
Till the next date of listing further proceedings in Complaint Case No. 1006 of 2018 (Rajesh Singh Vs. Smt. Meena and others) under Sections 392,323/149,504,506 IPC, Police Station Katra, District Shahjahanpur as well as the summoning order dated 1 September 2018 pending before the Court of Civil Judge (Junior Division)/Judicial Magistrate Tilhar, Shahjahanpur shall remain stayed."
During pendency of this case, the parties have entered into compromise out of Court, therefore, on 18.07.2022, the following order was passed:-
"Supplementary affidavit has been filed whereby compromise deed has been brought on record and it has been claimed that both the parties have entered into compromise out of Court and the compromise deed dated 25.09.2021 is annexed as as Annexure-S.A. to the supplementary affidavit.
Let the aforesaid compromise deed be verified by the lower court concerned. Parties to appear before the lower court concerned on or before 2.8.2022 and the same shall be verified and transmitted to this Court.
List on 16.8.2022.
Till then, no coercive action shall be taken against the applicants in Complaint Case No. 1006 of 2018 (Rajesh Singh Vs. Smt. Meena and others) under Sections 392,323/149,504,506 IPC, Police Station Katra, District Shahjahanpur as well as the summoning order dated 1 September 2018 pending before the Court of Civil Judge (Junior Division)/Judicial Magistrate Tilhar, Shahjahanpur."
In compliance of the aforesaid order dated 18.07.2022, a report received from Additional Civil Judge (J.D.)/J.M., Tilhar, Shahjahanpur regarding verification of compromise deed has been placed on record as is evident from the office report dated 24.01.2023. A letter dated 29.09.2022 of the Additional Civil Judge (J.D.)/J.M., Tilhar, Shahjahanpur has been placed alongwith affidavits as well as order dated 01.08.2022 vide which compromise has been verified in the presence of the parties alongwith their respective counsels.
Learned counsel for the applicants 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. as well as learned counsel for the opposite party no.2 does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants.
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,
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 in Complaint Case No. 1006 of 2018 (Rajesh Singh Vs. Smt. Meena and others) under Sections 392, 323/149, 504,506 IPC, Police Station Katra, District Shahjahanpur is 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 :- 20.3.2023
Jitendra/-
