Allahabad High Court
Ikabal Ahmad 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:101032
Court No. - 68
Case :- APPLICATION U/S 482 No. - 5693 of 2021
Applicant :- Ikabal Ahmad
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rakesh Kumar Verma
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Rakesh Kumar Verma, learned counsel for the applicant and Mr. Ashutosh Yadav, learned A.G.A. for the State and perused the record.
On 29.07.2021, the following order was passed:-
"1. Heard Sri R.K. Verma, learned counsel for the applicant.
2. This Application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Criminal Case No.384 of 2021 (State Vs. Ikabal Ahmad), under Sections 420, 406, 506 IPC, Police Station-Civil Lines, District-Moradabad arising out of Case Crime No.1045 of 2019 on the basis of compromise.
3. Let parties appear before the court of Chief Judicial Magistrate, Moradabad on 13.08.2021 for verification of compromise, for which no separate notice will be issued.
4. If compromise is verified, then learned Chief Judicial Magistrate, Moradabad to furnish his report on compromise by 20.08.2021.
5. List on 31.08.2021.
6. It is directed that till then no coercive action will be taken against the applicants."
In compliance of the aforesaid order, compromise verification report has been placed on record as is evident from office report dated 28.08.2021. A letter of Chief Judicial Magistrate, Moradabad dated 13.08.2021 has been placed along with affidavits as well as order dated 13.08.2021 vide which compromise has been verified in presence of the parties along with their respective counsels.
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 as well as learned counsel for the opposite party no.2 also affirms that the parties have entered into compromise, they have 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 23.11.2019 as well as cognizance order dated 06.01.2021 and Criminal Case No.384 of 2021 (State Vs. Ikabal Ahmad), under Sections 420, 406, 506 I.P.C., Police Station-Civil Lines, District-Moradabad arising out of Case Crime No.1045 of 2019, on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 10.5.2023
Rahul.
