Allahabad High Court
Vaibhav Pandey And 4 Others vs State Of U.P. And Another on 10 May, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:101355
Court No. - 68
Case :- APPLICATION U/S 482 No. - 32261 of 2019
Applicant :- Vaibhav Pandey And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Tabassum Hashmi,Shatrughan Jee Pandey
Counsel for Opposite Party :- G.A.,Vishal Singh
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary Affidavits filed on behalf of the applicants and on behalf of opposite party no. 2, are taken on record.
Heard Sri Shatrughn Jee Pandey, learned counsel for the applicants, Sri K.P. Pathak, learned A.G.A. for the State, Sri Satya Prakash Mishra, learned counsel for opposite party no. 2, and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the proceedings of Case No. 1320 of 2019; charge sheet dated 01.07.2019 arising out of Case Crime No. 100 of 2019, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Kotwali, District Ghaziabad.
By order dated 22.08.2019 passed by a coordinate Bench of this Court, the matter was referred to Mediation Centre. The mediation proceedings were completed, but the parties could not arrive at any agreement, therefore, the mediation proceedings were dropped, as is evident from the mediation report dated 08.01.2020. During the pendency of the aforesaid proceedings, the parties have amicably settled the dispute, therefore, on 12.04.2023 this Court passed the following order:
"Heard Mr. Shatrughan Jee Pandey, learned counsel for the applicants, Mr. Vishal Singh learned counsel for opposite party no.2 and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 1st July, 2019 as well as the entire proceedings of Case No. 1320 of 2019 (State Vs. Vaibhav Pandey & Others), arising out of Case Crime No. 100 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 D.P. Act, Police Station-Kotwali, District-Ghaziabad.
Learned counsel for the applicants submits that the applicants and opposite party no.2 have settled their disputes amicably and arrived at a compromise. It is, thus, contended that proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303.
Learned counsel for opposite party no.2 also does not dispute the correctness of the submissions made by the learned counsel for the applicants.
Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.
Put up this case on 10th May, 2023 as fresh before the appropriate Bench.
Learned counsel for the parties undertake that they shall make a fresh compromise deed along with an application before the court below within a week from today for verification of the aforesaid compromise. They further undertake to ensure their presence before the court below or any other transferee court, as the case may be, on 25th April, 2023 and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.
Office is directed to send through FAX a copy of this order within 24 hours.
Parties are also directed to produce certified copy of this order along with a fresh compromise application before the court concerned within a week from today.
Till the next date of listing, no coercive steps would be taken against the applicants in the aforesaid criminal case."
In compliance of the aforesaid order, the court concerned has verified the compromise by order dated 25.04.2023 in the presence of parties along with their respective counsel. Certified copy of the aforesaid order has been brought on record as Annexure SA-3 to the supplementary affidavit filed on behalf of the applicant dated 10.5.2023.
Learned counsel for the parties submits that one of the conditions mentioned in compromise deed was to handover a draft of Rs. 2,50,000/- in favour of opposite party no. 2 Khushboo Pandey. Pursuant thereto, learned counsel for the applicants produces a demand draft of Rs. 2,50,000/- bearing no. 004945 dated 06.05.2023, drawn at HDFC Bank, in the name of Khushboo Pandey, which is handed over to learned counsel for the opposite party no. 2 before this Court. Receipt of same be endorsed on the order-sheet placing a photocopy of the demand draft on the record.
Learned counsel for the applicants submits that in view of the compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicants in the aforesaid case is 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 of proceedings of Case No. 1320 of 2019; charge sheet dated 01.07.2019 arising out of Case Crime No. 100 of 2019, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Kotwali, District Ghaziabad, 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 :- 10.5.2023
DS
