Allahabad High Court
Brijesh @ Biresh Kumar Singh vs State Of U.P. And Another on 2 July, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:107222
Court No. - 75
Case :- APPLICATION U/S 482 No. - 14158 of 2024
Applicant :- Brijesh @ Biresh Kumar Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sudhir Kumar
Counsel for Opposite Party :- G.A.,Vivek Tiwari
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Sudhir Kumar, learned counsel for the applicant, Mr. Vivek Tiwar, learned counsel for the opposite party no.2, Mr. Mayank Awasthi, learned counsel for the State and perused the record.
2. This application u/s 482 has been filed by the applicants with the prayer to quash the impugned Charge Sheet dated 25.01.2021, cognizance/summoning order dated 18.03.2021, passed by the learned Special Judge S.C./S.T. Act, Meerut in Criminal Case No.09 of 2021 (arising out of Crime No.803 of 2020), under Sections 504, 506 of I.P.C. and Section 3(2)(va) of S.C./S.T. Act, Police Station- Partapur, District-Meerut (State of U.P. vs. Biresh Kumar) as well as entire prosecution against the applicant, which is pending before the learned Special Judge S.C./S.T. Act, Meerut, on the basis of compromise.
3. On 01.05.2024 the following order was passed :-
"Short counter affidavit filed today by learned counsel for the opposite party no.2, is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned Charge sheet dated 25.01.2021, Cognizance/Summoning Order dated 18.03.2021 passed by Special Judge SC/ST Act, Meerut in Criminal Case No. 09/2021, arising out of Crime No. 803/2020, under Sections 504 and 506 IPC & Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,, Police Station Partapur, District Meerut (State of U.P. vs. Brijesh Kumar) as well as entire proceeding against the applicant which is pending before the learned Special Judge, SC/ST Act, Meerut.
Learned counsel for the applicant submit that the parties have amicably settled their disputes vide compromise dated 26.02.2024 which has been placed as Annexure No.12 to the present application.
Looking to the facts of the case, it is provided that the parties shall appear and file the said compromise before the Court concerned, who shall verify the same within 30 days thereafter and send his report to this Court.
A report shall be called from the District Magistrate, Meerut whether any compensation was paid to the opposite party No.2/victim and the said amount has been returned back to the authority concerned or not.
List this case on 02.07.2024 as fresh alongwith the Verification Report and Compensation Report.
In the meantime, no coercive measures shall be taken against the appellant under the aforesaid case crime."
4. In compliance of the aforesaid order dated 01.05.2024, the compensation report as well as report from learned Special Judge (S.C./S.T. Act)/Additional Session Judge, Meerut are placed on record as is evident from office report dated 01.07.2024. As per the compensation report dated 30.06.2024, the District Magistrate, Meerut has informed that the compensation amount as paid to the opposite party no.2 (victim) has not been returned. The letter dated 10.06.2024 alongwith the order dated 10.06.2024 and the compromise affidavit have been placed before this Court. The letter dated 10.06.2024 speaks about verification of the compromise which has been verified by Special Judge (S.C./S.T. Act)/Additional Session Judge, Meerut vide order dated 10.06.2024.
5. Learned counsel for the applicants submits that 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.
6. Learned A.G.A. for the State as well as learned counsel for the opposite party also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, they have no objection, if the proceedings in the aforesaid case are quashed.
7. This Court is not unmindful of the following judgements of the Apex Court:
(i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,
(ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
(iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
(iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
(v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
8. 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) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
9. 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.
10. Accordingly, the Charge Sheet dated 25.01.2021, cognizance and summoning order dated 18.03.2021 as well as entire proceeding of Criminal Case No.09 of 2021 (State Vs. Biresh Kumar) in case crime no.803 of 2020, u/s 504, 506 I.P.C & Section 3(2)(va), Police Station- Partapur, District- Meerut, pending before the learned Special Judge S.C./S.T. Act, Meerut, on the basis of compromise, are hereby quashed.
11. The application is, accordingly, allowed. There shall be no order as to costs.
12. Needless to say that in case the compensation as received by the victim is not returned, the District Magistrate, Meerut is directed to take appropriate action. In case the verification has been done by playing fraud, the opposite party no.2 has liberty to approach this Court by filing fresh application.
13. As per the practice, number of frivolous cases are being filed under the special act and after receiving compensation, the parties enter into compromise by taking money from the alleged accused persons whom they have falsely implicated. The Court cannot entertain such practice. Thus, it is very clear that the District Magistrate, Meerut shall take appropriate action in case the compensation amount is not deposited and place the report before the Registrar General, The High Court Of Judicature At Allahabad, Allahabad.
14. The Registrar (Compliance) shall look into the compliance of the aforesaid order.
Order Date :- 2.7.2024
Kalp Nath Singh
