Allahabad High Court
Shravan Kumar And 3 Others 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. - 5047 of 2023
Applicant :- Shravan Kumar And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Daya Shanker Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Daya Shanker Pandey, learned counsel for the applicants, Mr. Akhilesh Kumar Srivastava, learned AGA for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed by applicants for quashing the charge-sheet dated 07.09.2012 and Summoning order dated 05.10.2012 passed by Chief Judicial Magistrate Baghpat as well as the entire criminal proceeding of Case No. 1570 of 2021 (State Vs. Shravan and others) arising out of Case Crime No. 522 of 2012 under Sections 323, 324, 506 I.P.C. P.S. Khekada, District- Baghpat, pending before the court of Chief Judicial Magistrate, Baghpat on the basis of compromise arrived between the parties.
Earlier, on 21.02.2023, the following order was passed:-
"Heard learned counsel for the applicants and learned A.G.A. for the State-respondent.
This application under Section 482 Cr.P.C. has been filed by applicants for quashing the charge-sheet dated 07.09.2012 in Case Crime No. 522 of 2012 under Sections 323, 324, 506 I.P.C. P.S. Khekada, District- Baghpat and Summoning order dated 05.10.2012 passed by Chief Judicial Magistrate Baghpat as well as the entire criminal proceeding of Case No. 1570 of 2021 (State Vs. Shravan and others) arising out of aforesaid criminal case as well as to stay the further proceedings in aforesaid criminal case on the basis of compromise arrived between the parties.
Learned counsel for the applicants submits that the parties have entered into a compromise and an affidavit along with compromise deed in this respect has been filed.
Learned A.G.A. submits that the compromise effected between the parties may be verified before the court concerned.
In the interest of justice, the applicant and the opposite party no.2 are directed to appear before the court concerned on 14th March, 2023 and shall submit the compromise, which shall be verified by the court concerned and a report in this regard shall be submitted before this Court within 15 days thereafter.
List on 31th March, 2023 as fresh.
Till the next date of listing, further proceedings in the aforesaid criminal case shall remain stayed against the applicants."
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 31.03.2023. A letter dated 17.03.2023 of the Chief Judicial Magistrate, Baghpat has been placed alongwith copy of order dated 15.03.2023 vide which compromise has been verified in the presence of the parties alongwith their respective counsels.
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. for the State 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 criminal proceeding of Case No. 1570 of 2021 (State Vs. Shravan and others) arising out of Case Crime No. 522 of 2012 under Sections 323, 324, 506 I.P.C. P.S. Khekada, District- Baghpat, pending before the court of Chief Judicial Magistrate, Baghpat 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 :- 31.3.2023
Jitendra/-
