Allahabad High Court
Dharmendra Singh 4 Others vs State Of U.P And 2 Others on 23 May, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:117746
Court No. - 68
Case :- APPLICATION U/S 482 No. - 20047 of 2020
Applicant :- Dharmendra Singh 4 Others
Opposite Party :- State Of U.P And 2 Others
Counsel for Applicant :- Rakesh Dubey,Sharique Ahmed
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
The case is taken up in the revised call.
Heard Mr. Rakesh Dubey, learned counsel for the applicants, Mr. Saiyad Iqbal Ahmad, Advocate holding brief of Mr. Sharique Ahmed, learned counsel for the opposite party and Mr. Amit Singh Chauhan, learned AGA for the State.
This application has been filed by the applicants with the prayer to quash the charge-sheet no. 105/2013 dated 20.04.2013 and cognizance and summoning order dated 05.02.2014 in S.T. No. 647 of 2014 (State v. Dharmendra Singh and others) arising out of Case Crime No. 34/2013, under Sections 147, 323, 452, 504, 354, 427, 308 I.P.C., Police Station Barra, district Kanpur Nagar pending in the Court of the Additional Chief Metropolitan Magistrate-I, Kanpur Nagar.
On 13.01.2021, the following order was passed:-
"Vakalatnama and short counter affidavit filed by Sri Sharique Ahmed, learned Advocate, on behalf of opposite party no. 2 are taken on record.
Heard learned counsel appearing for the applicants, Sri Sharique Ahmed, learned counsel for opposite party no. 2, and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet no. 105/2013 dated 20.04.2013 and cognizance and summoning order dated 05.02.2014 in S.T. No. 647 of 2014 (State v. Dharmendra Singh and others) arising out of Case Crime No. 34/2013, under Sections 147, 323, 452, 504, 354, 427, 308 I.P.C., Police Station Barra, district Kanpur Nagar pending in the Court of the Additional Chief Metropolitan Magistrate-I, Kanpur Nagar.
Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing on 19.08.2019, annexed as Annexure-8 to the affidavit filed in support of this application.
Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the dispute. He has also brought on record the said compromise as Annexure- SCA-1 to the short counter affidavit.
Accordingly, it is provided that the parties shall appear before the court below i.e. Additional Sessions Judge, Court No. 19, Kanpur Nagar along with a copy of this order on 25.01.2021 and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a short date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two weeks thereafter. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
List this case in the additional cause list on 22.02.2021 before appropriate Bench.
Till the next date of listing no coercive action shall be taken against the applicants.
It is made clear that this case shall not be treated as tied-up or part heard to this Bench. ."
In compliance of the aforesaid order, the report regarding verification of compromise received from learned Additional District and Sessions Judge, Kanpur Nagar has been placed on record as is evident from the office report dated 20.02.2021. A letter of Additional District and Sessions Judge, Kanpur Nagar dated 12.02.2021 has been placed on record along with compromise deed as well as order dated 05.02.2021 vide which the compromise has been verified in the presence of parties and their respective counsels.
In the affidavit accompanying the present application, it has been stated on behalf of applicant since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
Learned A.G.A. as well as learned counsel for the opposite party for the State also accept that the parties have entered into a compromise and 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; 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, entire proceedings of Case Crime No. 34/2013, under Sections 147, 323, 452, 504, 354, 427, 308 I.P.C., Police Station Barra, district Kanpur Nagar pending in the Court of the Additional Chief Metropolitan Magistrate-I, Kanpur Nagar on the basis of compromise are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 23.5.2023
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