Allahabad High Court
Wahid And 12 Others vs State Of U.P. And Another on 24 March, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 25123 of 2021
Applicant :- Wahid And 12 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vipin Chandra Pandey
Counsel for Opposite Party :- G.A,Kaushlesh Datt Shukla
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants, the learned Additional Government Advocate for the State, and learned counsel for opposite party no.2 as also perused the material available on record.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 23rd November, 2012 as well as the entire proceedings of Complaint Case No. 643 of 2012 (Jahira Begum Vs. Wahid & Others), under Sections 147, 148, 149, 323, 452, 504, 506 and 427 I.P.C., Police Station-Lohamandi, District-Agra, pending in the Court of Additional Chief Judicial Magistrate, Court No.7, Agra, on the basis of compromise entered into between the parties.
Learned counsel for the applicants submits that the dispute between the parties, who are known to each other very well, is purely civil and private in nature. The complaint case came to be filed by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged. There never was any criminal intent on part of the applicant/s nor any criminal offence as alleged had ever occurred. There are no injuries. At present, the parties to the dispute who are related to each other, have resolved their differences and made peace. In view of the settlement reached between the parties, they pray another chance be given to them to develop and experience normal relationship. The continuance of the criminal trial may in fact hamper the otherwise good chance of the parties enjoying a normal relationship. In such changed circumstances, the opposite party no. 2 does not wish to press charges against the applicant.
In the above regard, a compromise has been entered into between the parties. Thereafter the applicants have approached this Court by means of the present application for quashing the aforesaid case in terms of compromise entered into between the parties. A Coordinate Bench of this Court passed following order on 7th April, 2022:
"The present petition has been filed for quashing the entire proceeding as well as summoning order dated 23.11.2012 passed by Add. Chief Judicial Magistrate, Court No.7, Agra, in complaint Case No.643 of 2012, under Sections 147, 148, 149, 323, 452, 504, 506, 427 I.P.C., Police Station - Lohamandi, District - Agra, on the basis of compromise held between the parties.
Learned counsel for the applicants and Sri Jayendra Kumar Pandey, learned Advocate holding brief of Sri K.D. Shukla, learned counsel for the private respondents have jointly submitted that the compromise has been entered into between the parties on 16.01.2018 and the same has been filed before the Court below.
Learned counsel for the parties have prayed that this Court may direct the learned Court below to verify the compromise dated 16.01.2018 and submit its report.
As prayed, the court below is directed to verify the compromise dated 16.01.2018 entered between the parties by fixing date for appearance of all the signatories to the compromise executed on 16.01.2018 and submit its report along with the copy of original compromise, by the next date of listing.
List this case in the week commencing 16.05.2022.
Till the next date of listing, the proceedings of complaint Case No.643 of 2012, under Sections 147, 148, 149, 323, 452, 504, 506, 427 I.P.C., Police Station - Lohamandi, District - Agra, shall remain stayed."
Learned counsel for the applicant further submits that in compliance of the order of this Court dated 7th April, 2022, the court below has verified the said compromise vide order dated 30th May, 2022, copies of the compromise deed and verification order have been tagged along with the order-sheet of the present application.
Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him.
On the instruction received, learned counsel for opposite party no.2 submits that since the parties have entered into a compromise and the same has also been verified by the court below, opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.
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 Complaint Case No. 643 of 2012 (Jahira Begum Vs. Wahid & Others), under Sections 147, 148, 149, 323, 452, 504, 506 and 427 I.P.C., Police Station-Lohamandi, District-Agra, pending in the Court of Additional Chief Judicial Magistrate, Court No.7, Agra, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 24.3.2023
Sushil/-
