Allahabad High Court
Makhan And Another vs State Of U.P. And Another on 21 March, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 25064 of 2022
Applicant :- Makhan And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shiv Babu Dubey
Counsel for Opposite Party :- G.A.,Vimal Kumar Verma
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Shiv Babu Dubey, learned counsel for the applicants, Mr. Vimal Kumar Verma, learned counsel for the opposite party no.2, 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 Charge Sheet dated 26.11.2016 along with cognizance order dated 26.11.2016, as well as the entire proceedings of Session Trial No.61 of 2017 (State of U.P. Vs. Makhan and another) in terms of compromise dated 01.07.2022 (Makhan Vs. Shivraj Singh) relating to case crime no.585 of 2016, under Sections 323, 504, 308 I.P.C., Police Station- Banpur, District- Lalitpur pending before Special Judge (E.C. Act), Lalitpur on the basis of compromise.
Earlier, on 29.09.2022, the following order was passed:-
"Heard Sri Shiv Babu Dubey, learned counsel for the applicant, Sri Vimal Kumar Verma, learned counsel for the opposite party No2, Sri Ravi Kumar Kushwaha, learned AGA, for the State, and perused the record of the case.
The instant application has been moved on behalf of the applicants to quash the Charge Sheet dated 26.11.2016 along with cognizance order dated 26.11.2016, as well as the entire proceedings of Session Trial No.61 of 2017 (State of U.P. Vs. Makhan and another) in terms of compromise dated 01.07.2022 (Makhan Vs. Shivraj Singh) relating to case crime no.585 of 2016, under Sections 323, 504, 308 I.P.C., Police Station- Banpur, District- Lalitpur pending before Special Judge (E.C. Act), Lalitpur.
Learned counsel for the applicant submitted that both the parties have amicably settled their dispute and in this regard a compromise has also been executed between them. Therefore, the compromise executed between the parties may be verified by the court below.
He next submitted that applicant is ready to appear before the court concerned for verification of the compromise executed between them on the date fixed by this Court.
Learned counsel appearing on behalf of opposite party no.2 also conceded the fact that both the parties have amicably settled their dispute and opposite parties no.2 is also ready to appear before the court concerned for verification of compromise.
Learned AGA is having no objection if any such direction is given to the court below for verification of compromise executed between the parties.
As both the parties have amicably settled their dispute and compromise has also been executed between them, therefore, it is directed that both the parties shall appear before the court concerned on 17.10.2022 and shall file an application along with the certified copy of this order for verification of compromise executed between them.
If any such application is moved, then the court below shall verify the compromise alleged to have been executed between the parties, in accordance with law, and shall transmit verification report to this Court.
List this case on 1.11.2022 in the additional cause list.
Office is directed to submit a report on the next date in respect of verification report, if any, forwarded by the court below.
Till the next date of listing, no coercive steps shall be taken against the applicant in the aforesaid case."
In compliance of the aforesaid order, a report regarding verification of compromise deed has been placed on record as is evident from the office report dated 20.03.2023. A letter dated 18.10.2022 of the Additional District & Sessions Judge/Special Judge (E.C. Act), has been placed alongwith compromise deed as well as copy of order dated 17.10.2022 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 Charge Sheet dated 26.11.2016 along with cognizance order dated 26.11.2016, as well as the entire proceedings of Session Trial No.61 of 2017 (State of U.P. Vs. Makhan and another) in terms of compromise dated 01.07.2022 (Makhan Vs. Shivraj Singh) relating to case crime no.585 of 2016, under Sections 323, 504, 308 I.P.C., Police Station- Banpur, District- Lalitpur pending before Special Judge (E.C. Act), Lalitpur 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 :- 21.3.2023
Jitendra/-
