Allahabad High Court
Smt. Kuldeep Panwar And 2 Others vs State Of U.P. And Another on 23 May, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:117568
Court No. - 68
Case :- APPLICATION U/S 482 No. - 19699 of 2022
Applicant :- Smt. Kuldeep Panwar And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vikrant Rana
Counsel for Opposite Party :- G.A.,Surendra Tiwari
Hon'ble Mrs. Manju Rani Chauhan,J.
The case is taken up in the revised call.
Heard Mr. Chandra Bir Singh, Advocate holding brief of Mr. Vikrant Rana, learned counsel for the applicants, Mr. Vikas Kumar Mishra, Advocate holding brief of Mr. Surendra Tiwari, 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 dated 12.03.2020 filed in Case Crime No. 1762 of 2019, under sections 498A, 323, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Sihani Gate, District Ghaziabad as well as entire criminal proceeding of Case No. 2295 of 2020 (State Vs. Lakshya Panwar and others) pending in the court of Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad.
On 15.07.2022, the following order was passed:-
"Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This Criminal Misc. Application under Section 482 of Cr.P.C. has been filed to quash the charge-sheet dated 12.03.2020 in Case No.1762 of 2019, under Sections - 498A, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station - Sihani Gate, District- Ghaziabad, case no.2295 of 2020, pending in the court of A.C.J.M., court no.3 Ghaziabad.
Learned counsel for the applicants submits that applicants and opposite party no.2 have settled their dispute.
However, the physical verification of the same is required to be made by the court concerned.
Learned A.G.A. does not dispute the submission made by learned counsel for the applicants and he has no objection to it.
Accordingly, it is provided that both the parties shall appear before the court below on 3rd August, 2022 and shall file an application along with a certified copy of this order for verification of the original compromise document. It is expected that the court below may verify the compromise entered into between the parties and pass an appropriate order with respect to the verification. Upon due verification, the court below may pass appropriate order in that regard and send verification report to this Court before the next date of listing of the case.
List this case on 17.08.2022 in the additional cause list along with the verification report.
Till then, no coercive action shall be taken against the applicants. "
In compliance of the aforesaid order, a supplementary affidavit has been filed by learned counsel for the applicant annexing therewith certified copy of compromise as Annexure No. SA-1 as well as certified copy of order dated 03.08.2022 passed by learned Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad as Annexure No. SA-2, 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 that husband and wife agreed to separate from each other. 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 No. 2295 of 2020 (State Vs. Lakshya Panwar and others), charge sheet dated 12.03.2020 filed in Case Crime No. 1762 of 2019, under sections 498A, 323, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Sihani Gate, District Ghaziabad pending in the court of Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad 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
Arti
