Allahabad High Court
Shahrukh And 4 Others vs State Of U.P. And Another on 22 May, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:111642
Court No. - 68
Case :- APPLICATION U/S 482 No. - 13303 of 2021
Applicant :- Shahrukh And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Amar Nath,Asheesh Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Asheesh Kumar Tiwari, learned counsel for the applicants, Sri K.P. Pathak, learned A.G.A. for the State, and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet no. 59/2019, dated 10.10.2019 and cognizance / summoning order dated 31.10.2019 as well as entire proceedings of Case No. 6703/9 of 2019, "State v. Shahrukh and others", arising out of Case Crime No. 76 of 2019, under Sections 498A, 323, 376, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Statioin Mahila Thana, District Muzaffarnagar, pending in the Court of Civil Judge (Junior Division), F.T.C., Court No. 1, Muzaffarnagar.
Earlier, on 15.03.2023, the following order was passed:-
"Heard the learned counsel for the applicants 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 no.59 of 2019 dated 10.10.2019, summoning/cognizance taking order dated 31.10.2019 as well as entire proceedings of Case No.6703/9 of 2019 (State Vs. Shahrukh and others), arising out of Case Crime No.76 of 2019, under Sections 498-A, 323, 376, 504 I.P.C. & Sections 3/4 D.P. Act, Police Station-Mahila Thana, District-Muzaffarnagar, pending in the Court of Civil Judge (Junior Division) F.T.C., Court No.1, Muzaffarnagar.
It is submitted on behalf of the applicants that applicants and opposite party no.2 are known to each other very well and the dispute between the parties is matrimonial in nature which arose due to money and land dispute. 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, a copy of which has 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.
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 as fresh on 22.05.2023 before the appropriate Bench.
Learned counsel 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. After ensuring presence of both the parties, the concerned court below 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, compliance verification report has been placed on record as is evident from the office report dated 20.05.2023. The letter of Civil Judge, Junior Division (FTC), Muzaffarnagar dated 25.03.2023 has been placed on record along with an affidavit as well as order dated 23.03.2023 by which compromise has been verified in the presence of parties along with their respective counsel.
Learned counsel for the applicants submits that the case was arising out of matrimonial dispute, and the husband and wife have decided to live together. He next 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. 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 charge sheet no. 59/2019, dated 10.10.2019 and cognizance / summoning order dated 31.10.2019 as well as entire proceedings of Case No. 6703/9 of 2019, "State v. Shahrukh and others", arising out of Case Crime No. 76 of 2019, under Sections 498A, 323, 376, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Statioin Mahila Thana, District Muzaffarnagar, pending in the Court of Civil Judge (Junior Division), F.T.C., Court No. 1, Muzaffarnagar, 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 :- 22.5.2023
DS
