Allahabad High Court
Mohita Soni And Another vs State Of U.P. And Another on 11 May, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:102387
Court No. - 68
Case :- APPLICATION U/S 482 No. - 24290 of 2019
Applicant :- Mohita Soni And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anil Kumar Jaiswal,Amit Kumar Pandey,Km Preete,Rajiv Lochan Shukla
Counsel for Opposite Party :- G.A.,Chandra Bhan Dubey,Vijay Pratap Singh
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Amit Kumar Pandey, learned counsel for the applicants, Mr. Vijay Pratap Singh, learned counsel for the opposite party no.2 and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.
On 17.04.2023, the following order was passed:-
"Earlier by order dated 28.06.2019, the matter was referred to mediation centre.
As per report of mediation centre dated 13.11.2019, parties were not willing for the mediation, therefore, the mediation proceedings were dropped.
During pendency of the aforesaid case, as the parties had entered into compromise on 24.02.2023, therefore, 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 impugned Charge-sheet No. 1 of 2019 dated 21.02.2019 and entire criminal proceedings of case in pursuant to the Charge-Sheet No. 1 of 2019 including cognizance order as well as summoning order dated 22.04.2019, arising out of Case Crime No. 368 of 2018, under Section 406, 420, 506 I.P.C. Police Station- Expressway, District- Gautam Budh Nagar, pending in the Court of Learned Chief Judicial Magistrate, Gautam Budh Nagar and for staying the further proceedings in the aforesaid case on the basis of compromise arrived between the parties.
Learned counsel for the applicants submits that the parties have entered into a compromise.
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 20th 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 6th April, 2023.
Till the next date of listing, further proceedings in the aforesaid case shall remain stayed against the applicants."
In compliance of the aforesaid order, a report from Additional Civil Judge (J.D.)-III, Gautam Budh Nagar has been placed on record. Although the letter dated 20.03.2023 of Additional Civil Judge (J.D.)-III, Gautam Budh Nagar has been placed on record along with affidavits, cheques, order dated 13.07.2022 and the next date has also been fixed in the matter regarding verification compromise i.e. 27.04.2023 but the order vide which compromise has been verified has not been placed on record.
The Court below is directed to place order on record, by the next date, vide which compromise has been verified between the parties.
List on 11.05.2023.
Interim order, if any, is extended till the next date of listing.
Registrar (Compliance) shall communicate this order to the Court below for necessary information and compliance. "
In compliance of the aforesaid order, report from Additional Civil Judge (J.D.)-III, Gautam Budh Nagar, is kept on record. A letter of Additional Civil Judge (J.D.)-III, Gautam Budh Nagar dated 01.05.2023 has been placed on record along with order dated 20.03.2023 vide which compromise has been verified in presence of 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 criminal 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 no.1 of 2019 dated 21.02.2019 as well as cognizance/summoning order dated 22.04.2019 and entire proceedings of Case crime no.368 of 2018, under Sections 406, 420, 506 I.P.C., P.S. Expressway, District- Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budhh Nagar, on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 11.5.2023
Rahul.
