Allahabad High Court
Masoom Ali And 3 Others vs State Of U.P. And Another on 17 May, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:107967
Court No. - 90
Case :- APPLICATION U/S 482 No. - 13021 of 2023
Applicant :- Masoom Ali And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Prakash Tripathi
Counsel for Opposite Party :- G.A.,Manoj Pandey
Hon'ble Shiv Shanker Prasad,J.
Heard Mr. Prakash Tripathi, learned counsel for the applicants, the learned Additional Government Advocate for the State, and Mr. Manoj Pandey, learned counsel for opposite party no.2 as well as perused the materials on record.
This application under Section 482 Cr.P.C. has been filed to quash the charge-sheet dated 24.1.2020, cognizance order dated 1.1.2021 as well as entire proceedings of Case No. 21 of 2021 (CNR No. UPMO240000882021) State Vs. Nisar and others, arising out of Case Crime No. 319 of 2019, under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 of D.P. Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act Police Station Bhagatpur, District Moradabad, pending in the court of learned Chief Judicial Magistrate, Thakurdwara, Moradabad.
On 13.4.2023, the Court has passed following order:
"Sri Manoj Pandey, Advocate has filed his vakalatnama today on behalf of the opposite party no. 2, which is taken on record.
Heard learned counsel for the applicants, Sri Manoj Pandey, learned counsel for the 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 24.01.2020 as well as cognizance order dated 01.01.2021 and the entire proceedings of Case No. 21 of 2021 (CNR No. UPMO240000882021), State Vs. Nisar and Others, under Sections 498A, 323, 504, 506 I.P.C., Section 3/4 of Dowry Prohibition Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, arising out of Case Crime No. 319 of 2019, Police Station Bhagatpur, District Moradabad, pending in the Court of learned Chief Judicial Magistrate, Thakurdwara, Moradabad.
It is submitted on behalf of the applicants that applicant nos. 1 to 4 are the husband, brother-in-laws and Jethani of opposite party no. 2 and the dispute between the parties are matrimonial in nature. He further submits that on account of intervention of well-wishers of the applicants and opposite party no.2, they have settled their disputes and arrived at a compromise. On the basis of said compromise, an affidavit has been filed by opposite party no.2 before the court below that she does not want to press the criminal proceedings initiated by her against the applicant. 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 17.05.2023 as fresh before the appropriate Bench.
Learned counsels for the parties undertake that they shall make a fresh compromise 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 24.04.2023 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 case.
When the matter is listed next, name of Sri Manoj Pandey shall be shown as the counsel for opposite party no. 2."
Pursuant to the above order, the Civil Judge (J.D.)/Judicial Magistrate, Thakurdwara, Moradabad, order dated 20.4.2023 has verified the compromise so entered into between the parties. Certified copies of the order of the court below dated 20.4.2023 and the compromise have been brought on record.
Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the court below, the entire proceedings of the aforesaid criminal case are liable to be quashed.
Learned counsel for opposite party no.2 has also not denied the aforesaid facts. On instructions received from opposite party no.2, he submits that he has no objection, if the proceedings in 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,
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 complaint case as the parties have already settled their dispute.
Accordingly, the entire proceedings of above case, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 17.5.2023
P.S.Parihar
