Allahabad High Court
Avnish Singh vs State Of U.P. And Another on 24 May, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:116327
Court No. - 68
Case :- APPLICATION U/S 482 No. - 27501 of 2017
Applicant :- Avnish Singh
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Dharmendra Pratap Singh
Counsel for Opposite Party :- G.A.,C.L. Chaudhary,Kanchan Chaudhary
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed by learned AGA for the State today in the Court, is kept on record. Office is directed to register the same.
Heard Mr. Dharmendra Pratap Singh, learned counsel for the applicants, Mr. C.L. Chaudhary, 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 18.05.2017 and cognizance order dated 04.07.2017 as well as the entire proceeding of Criminal Case No.8515 of 2017 (State Vs. Avnish Singh) arising out of Case Crime No.624 of 2017 under Sections 338, 504, 506 I.P.C. and Section 3(1) X of S.C./S.T. Act, Police Station-Quarsi, District- Aligarh, pending before the court of Chief Judicial Magistrate, Aligarh on the basis of compromise.
Earlier, on 16.05.2023, the following order was passed:-
" Learned counsel for the applicant submits that earlier by order dated 29.08.2017, passed by co-ordinate Bench of this Court, protection was granted to the applicant. He further submits that during pendency of the proceedings, parties have entered into compromise, therefore, on 24.11.2022, the following order was passed:
"Learned counsel for both the parties are present.
It is submitted that in this case parties have entered into compromise and certified copy of the said compromise deed has been filed before this Court, therefore, requested to verify it from the court concerned and to decide the matter accordingly.
Parties are directed to file compromise deed before the court concerned within 15 days, which will be verified by the court concerned and copy of which be transmitted to this Court thereafter, the parties may file certified copy thereof.
List on 9th January, 2023. "
In compliance of the aforesaid order, compromise has been filed before the Court concerned and the same has been verified by order dated 23.12.2023 in presence of parties.
This Court feels that the persons have developed practice of lodging false FIR under SC/ST Act and after taking compensation they enter into compromise.
Let an affidavit be filed by learned counsel for the opposite party no.2 stating that as to whether any compensation has been received from the government or not.
List on 24.05.2023.
Interim order, if any, is extended till the next date of listing."
In compliance of the aforesaid order, supplementary affidavit has been filed, wherein it has been stated in para 3 that the opposite party no.2 has not received any compensation amount from the Government under the Government Scheme.
In compliance of the earlier orders dated 24.11.2022 and 16.05.2023, compromise between the parties has been verified vide order dated 23.12.2022 passed by learned Special Judge (S.C./S.T. Act), Aligarh in the presence of the parties alongwith their respective counsels. Certified copy of the said order dated 23.12.2022 has been annexed as Annexure no.S.A.-3 to the supplementary affidavit in support of this application.
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 entire proceeding of Criminal Case No.8515 of 2017 (State Vs. Avnish Singh) arising out of Case Crime No.624 of 2017 under Sections 338, 504, 506 I.P.C. and Section 3(1) X of S.C./S.T. Act, Police Station-Quarsi, District- Aligarh, pending before the court of Chief Judicial Magistrate, Aligarh 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 :- 24.5.2023
Jitendra/-
