Allahabad High Court
Abushad @ Nanhu And 2 Others vs State Of U.P. And 7 Others on 21 March, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 22978 of 2022
Applicant :- Abushad @ Nanhu And 2 Others
Opposite Party :- State Of U.P. And 7 Others
Counsel for Applicant :- Haseen Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Haseen Ahmad, learned counsel for the applicants, Mr. Abhinav Bhattacharya, learned counsel for the opposite party no.2, Mr. K.P. Pathak, learned AGA for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of charge-sheet dated 18.12.2016, cognizance order dated 23.01.2017 in Session Trial No. 388 of 2017 (State Vs. Balwant Singh) arising out of Case Crime No. 474 of 2016 under Sections 452, 354-A, 307 I.P.C. and Section 25 Arms Act, Police Station- Swar, District- Rampur, pending before Additional Session Judge/Special Judge, SC/ST Act, Rampur on the basis of compromise.
Earlier, on 16.08.2022, the following order was passed:-
"Sri Abhinav Bhattacharya, Advocate, has filed his power today on behalf of opposite party no.2, which is taken on record.
Heard Sri Haseen Ahmad, learned counsel for the applicants, Sri Abhinav Bhattacharya, learned counsel for opposite party no.2 and Dr. S.B.Maurya, learned AGA-I, for the State.
The instant application has been moved on behalf of applicant for quashing the charge sheet dated 9.6.2018 and the summoning order dated 24.8.2019 passed by Additional Chief Judicial Magistrate, Court No.10, Azamgarh in Case Crime No.0019 of 2018, under Sections 504, 506 and 195-A IPC, Police Station Nizamabad, District Azamgarh.
Learned counsel for the applicants submitted that the charge sheet against applicants has been submitted in the present matter and cognizance has been taken and summons were issued but in the meantime on 26.5.2022 both the parties have amicably settled their dispute out of the Court and in this regard on 26.5.2022 a compromise was executed between the parties and opposite party no.2 in this regard filed an application before the court concerned, therefore, the compromise executed between the parties may be verified by the court concerned. He next submitted that applicants are ready to appear before the court concerned for verification of compromise.
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 to 7 are also ready to appear before the court concerned for verification of compromise.
Learned AGA is having no objection if any such direction is given for verification of compromise to the court below.
In view thereof, it is directed that both the parties shall appear before the court concerned on 29.8.2022 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 filed, then the court below shall verify the compromise alleged to have been executed between the parties, in accordance with law, and shall submit its report to this Court.
List this case on 12.9.2022.
Office shall submit a report on the next date regarding verification report, if any, submitted by the court below.
Till the next date of listing, no coercive steps shall be taken against the applicants 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 15.11.2022. A letter dated 06.10.2022 of the Additional Chief Judicial Magistrate, Court No.10, Azamgarh has been placed alongwith copy of order dated 04.10.2022 vide which compromise has been verified in the presence of the parties except the opposite party no.2 Kalim Afroz on whose behalf an affidavit has been given before the court concerned through her son stating therein that she is not in a position to appear before the court, but accepts that the matter has been settled between the parties.
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 proceeding of charge-sheet dated 18.12.2016, cognizance order dated 23.01.2017 in Session Trial No. 388 of 2017 (State Vs. Balwant Singh) arising out of Case Crime No. 474 of 2016 under Sections 452, 354-A, 307 I.P.C. and Section 25 Arms Act, Police Station- Swar, District- Rampur, pending before Additional Session Judge/Special Judge, SC/ST Act, Rampur 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/-
