Allahabad High Court
Yashpal Yadav 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. - 15492 of 2022
Applicant :- Yashpal Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Praveen Kumar Singh,Anurag Vajpeyi
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Anurag Vajpeyi, learned counsel for the applicant and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.
On 08.08.2022, the following order was passed:-
"Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 12.8.2020 as well as cognizance order dated 29.10.2020 and the entire proceeding and the entire proceeding of Case No. 1423 of 2020 State Vs. Yashpal Yadav) arising out of Case Crime no. 495 of 2020, under sections 376, 342, 313 and 506 IPC, P.S. Noida Sector 20, District Gautam Budh Nagar pending in he court of C.J.M. Gautam Budh Nagar.
Learned counsel for the applicant submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.
Learned A.G.A. appearing for does not dispute the correctness of the compromise.
Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
List after two months.
Till then no coercive measure shall be taken against the applicant. "
In compliance of the aforesaid order, compromise verification report received from Chief Judicial Magistrate, Gautam Budhh Nagar has been placed on record as is evident from office report dated 31.03.2023. A letter dated 29.03.2022 of Chief Judicial Magistrate, Gautam Budhh Nagar, has been placed on record along with application as well as order dated 25.08.2022 vide which the compromise has been verified by the Court below in presence of the parties along with their respective counsels.
Learned counsel for the applicant submits that opposite party no.2 is deponent in the present case. He has also averred in paragraph 14 of the application that applicant has married the opposite party no.2 on 01.12.2021 and are living happy married life.
Learned counsel for the parties submit that in view of the aforesaid compromise being verified by the court concerned, the entire proceedings of the aforesaid case may be quashed by this Court.
Learned A.G.A. for the State also affirms that the parties have entered into compromise, he has no objection if the proceedings of 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; 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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) 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 counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
Accordingly, the entire proceedings of charge sheet dated 12.08.2020 as well as cognizance order dated 29.10.2020 and Case No. 1423 of 2020 (State of U.P. Vs. Yashpal Yadav), arising out of Case Crime no.0495 of 2020, under sections 376, 342, 313 and 506 I.P.C., P.S. Noida Sector 20, District- Gautam Budh Nagar, pending in he court of C.J.M. Gautam Budh Nagar, on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 31.3.2023
Rahul.
