Allahabad High Court
Shakeel And Another vs State Of U.P. And Another on 31 March, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 2464 of 2023
Applicant :- Shakeel And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vachaspati Panday
Counsel for Opposite Party :- G.A.,Brijesh Kumar Pandey
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Vachaspati Pandey, learned counsel appears for the applicants, Sri Akhilesh Srivastava, learned A.G.A. for the State. None appears for the opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed to quash charge-sheet no. 429 of 2019 arising out of Case Crime No. 0867 of 2018, under Sections 420, 406 and 506 IPC, P.S. Majhola, District Moradabad, pending in the Court of Chief Judicial Magistrate, Moradabad.
Earlier, on 15.02.2023, the following order was passed:-
"Sri B.K.Pandey, Advocate has filed vakalatnama on behalf of opposite party no.2 today which is taken on record.
Heard Sri Vachaspati Pandey, learned counsel for the applicants, Sri B.K.Pandey, learned counsel for the opposite party no.2, learned AGA for the State and perused the material on record.
It is contended by the counsel for the applicant that the parties have come to terms. The compromise deed is annexed as Annexure No.3 to the affidavit accompanying the application signed by both the parties dated 02.11.2022.
Under these peculiar circumstances both the parties are required to appear before the court concerned within next 15 days. and the court concerned shall summon both the parties to record its finding as to whether the covenants of the compromise deed are being signed by them and on the top of it, this compromise has been filed with freewill and sweet will and there is no coercive and threat is being exercised upon either of the parties and pass a suitable order within the same period.
Thereafter, learned counsel fro the applicants is directed to file supplementary affidavit annexing the order of court concerned on the verification.
Put up this matter as fresh on 16.03.2023.
Till the next date of listing in order to facilitate the parties, no coercive action shall be taken against the applicant in case no. 1499/9 of 2020 (computer no. 2508 of 2020) pending in the court of CJM, Moradabad."
In compliance of the aforesaid order, a report has been submitted by the Chief Judicial Magistrate, Moradabad, as is evident from a perusal of the office report dated 31.1.2023. The letter of Chief Judicial Magistrate, Moradabad dated 06/09.3.2023 appends a compromise deed as well as order dated 04.3.2023 vide which the compromise between the parties has been verified in their presence along with their respective counsel.
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 are liable to be quashed by this Court.
Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has 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; and
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 and charge-sheet no. 429 of 2019, arising out of Case Crime No. 0867 of 2018, under Sections 420, 406 and 506 IPC, P.S. Majhola, District Moradabad, pending in the Court of Chief Judicial Magistrate, Moradabad are 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 :- 31.3.2023
DS
