Allahabad High Court
Julfikar vs State Of U.P. And Another on 16 May, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:106868
Court No. - 68
Case :- APPLICATION U/S 482 No. - 5688 of 2023
Applicant :- Julfikar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Meraj Ahmad Khan
Counsel for Opposite Party :- G.A.,Aqueeq Ahmad
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Meraj Ahmad Khan, learned counsel for the applicants, Mr. Aqueeq Ahmad, learned counsel for the opposite party no.2, Mr. K.P. Pathak, learned AGA for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the charge-sheet dated 9th March, 2021, summoning order dated 30th November, 2022 as well as the entire proceedings of Case No. 57932 of 2022 (State VS. Julfikar) arising out of Case Crime No. 495 of 2020, under Sections 323, 504 and 506 I.P.C., Police Station-Kanth, District-Moradabad, pending in the Court of Additional Chief Judicial Magistrate, Court No. 4, Moradabad on the basis of compromise entered into between the parties.
Earlier, on 14.03.2023, the following order was passed:-
"Mr. Aqueeq Ahmad, Advocate has put in appearance on behalf of opposite party no.2 by filing his vakalatnama along with short counter affidavit in the Court today which is taken on record.
Heard Mr.Meraj Ahmad Khan, learned counsel for the applicant, Mr. Aqueeq Ahmad, 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 9th March, 2021, summoning order dated 30th November, 2022 as well as the entire proceedings of Case No. 57932 of 2022 (State VS. Julfikar) arising out of Case Crime No. 495 of 2020, under Sections 323, 504 and 506 I.P.C., Police Station-Kanth, District-Moradabad, pending in the Court of Additional Chief Judicial Magistrate, Court No. 4, Moradabad on the basis of compromise entered into between the parties.
Learned counsel for the applicant submits that the applicant and opposite party no.2 have settled their disputes amicably and arrived at a compromise. The compromise deed has been filed before the court below and a copy of the same has also been enclosed as Annexure-3 to the affidavit accompanying the present application. 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 16th 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 10th 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, a report regarding verification of compromise deed has been placed on record as is evident from the office report dated 15.05.2023. A letter dated 22.03.2023 of the I/c Additional Chief Judicial Magistrate, Court No.4, Moradabad has been placed alongwith copy of order dated 20.03.2023 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. as well as learned counsel for the opposite party no.2 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 charge-sheet dated 9th March, 2021, summoning order dated 30th November, 2022 as well as the entire proceedings of Case No. 57932 of 2022 (State VS. Julfikar) arising out of Case Crime No. 495 of 2020, under Sections 323, 504 and 506 I.P.C., Police Station-Kanth, District-Moradabad, pending in the Court of Additional Chief Judicial Magistrate, Court No. 4, Moradabad 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 :- 16.5.2023
Jitendra/-
