Allahabad High Court
Hardeep And 3 Others vs State Of U.P. And Another on 31 March, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 33717 of 2019
Applicant :- Hardeep And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rakesh Kumar Verma,Zafeer Ahmad
Counsel for Opposite Party :- G.A.,Istyak Khan
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 well as perused the materials on record.
This application under Section 482 Cr.P.C. has been filed to quash the proceedings of Case No. 2771/9/2019 (Computer No. 03173/2019) "State of U.P. vs. Hardeep & others" Case Crime No. 1285/2018 under Sections 452, 384 I.P.C., P.S. Civil Lines, District Moradabad, as well as charge-sheet dated 4.2.2019 and cognizance order dated 3.4.2019. pending in the court of learned Chief Judicial Magistrate, Moradabad.
On 05.08.2022, the Court has passed following order:
"Heard learned counsel for the applicant and Sri Istyak Khan, learned counsel for opposite party no. 2 and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing of proceedings of Case No. 2771/9/2019 (Computer No. 03173/2019) " State of U.P. vs. Hardeep & others" Case Crime No. 1285/2018 under Section 452, 384 I.P.C., P.S. Civil Lines, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad as well as charge-sheet dated 4.2.2019 and cognizance order dated 3.4.2019.
Counsel for both the parties state that the parties are willing to enter into compromise and in respect thereof, they have annexed photocopy of the compromise deed dated 14.1.2022 filed along with counter affidavit dated 27.4.2022.
Sri Istyak Khan, learned counsel for opposite party no. 2 has no objection, in case compromise takes place between the parties.
Both the parties are directed to appear before the concerned court below on 17.8.2022 and file their compromise application. The court below is directed to get all formalities completed and pass order on the said compromise application within two months from that date. The concerned Magistrate will send a report to this Court whether the said compromise has taken place or not.
List in the week commencing 17.10.2022, along with the report regarding compromise.
In the meanwhile, no coercive action shall be taken against the applicant."
Pursuant to the above order, the learned Chief Judicial Magistrate, Moradabad vide order dated 03.09.2022 has verified the compromise so entered into between the parties. Certified copies of the order of the learned Chief Judicial Magistrate, Moradabad vide order dated 03.09.2022 and the compromise have been brought on record as annexure no. SA-2 of the supplementary affidavit.
Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the concerned Magistrate, the entire proceedings of the aforesaid case are liable to be quashed.
Learned counsel for opposite party no.2 has also not denied the aforesaid facts. On instructions received from opposite party no.2, he submits that he 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 case as the parties have already settled their dispute.
Accordingly, the proceeding of Case No. 2771/9/2019 (Computer No. 03173/2019) "State of U.P. vs. Hardeep & others" Case Crime No. 1285/2018 under Sections 452, 384 I.P.C., P.S. Civil Lines, District Moradabad, as well as charge-sheet dated 4.2.2019 and cognizance order dated 3.4.2019. pending in the court of learned Chief Judicial Magistrate, Moradabad are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 31.3.2023
Anurag/-
