Allahabad High Court
Zubair 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:106894
Court No. - 75
Case :- APPLICATION U/S 482 No. - 28334 of 2023
Applicant :- Zubair
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mohd. Ishraque Farooqui
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. As per office report dated 01.07.2024 notice issued to opposite party no. 2 has been served personally but no one appeared on behalf of opposite party no. 2 even in the revised calling of the list.
2. Heard Mr. Mohd. Ishraque Farooqui, learned counsel for the applicant and Mr. Mayank Awasthi, learned counsel for the State.
3. This application has been filed by the applicant with the prayer to quash the cognizance order dated 09.07.2021 passed by learned Juvenile Justice Board, Moradabad and charge sheet dated 10.06.2021 as well as entire proceeding against the applicant in Case No. 49 of 2021, State Vs. Zubair, under section 4/25 Arms Act arising out of Case Crime No. 125 of 2021, Police Station Chhajlet, District Moradabad pending in the court of learned Juvenile Justice Board, Moradabad, District Moradabad in the term of compromise.
4. On 25.08.2023, the following order was passed:-
"1. Heard learned counsel for the applicant as well as the learned AGA for the State.
2. This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to cognizance order dated 09.07.2021 and charge sheet dated 10.06.2021 as well as the entire proceedings of Case No.49 of 2021, under Section 4/25 of Arms Act, arising out of Case Crime No.125 of 2021, Police Station Chhajlet, District Moradabad.
3. It is submitted by the learned counsel for the applicant that an F.I.R. was lodged bearing Case Crime No.124 of 2021 against the applicant along with other co-accused under Sections 307, 504 IPC with the allegation that the weapon knife was used by the accused- Zubair for causing injury to Nishant Kumar. During the course of the investigation, another F.I.R. was lodged bearing Case Crime No.125 of 2021, under Section 4/25 of Arms Act against the applicant with the allegation that the recovered knife was used by the applicant for causing injury to Nishant Kumar in Case Crime No.124 of 2021. Further submission is that in the main case i.e. Case Crime No.124 of 2021, a compromise has been arrived at between the parties and the proceedings of the same has been quashed by the co-ordinate Bench of this Court vide order dated 28.07.2023. Further submission is that if the criminal proceedings of the main case i.e. Case Crime No.124 of 2021 has been quashed, there is no need to continuing the proceedings of the Case Crime No.125 of 2021 regarding the recovery of knife used in the main case.
4. Matter requires consideration.
5. Learned AGA has accepted notice on behalf of the opposite party nos.1 & 2.
6. Steps be taken by Registered Post A.D. within ten days.
7. Learned AGA may file counter affidavit within five weeks.
8. Rejoinder affidavit may be filed within three weeks thereafter.
9. List thereafter before the appropriate Bench.
10. Till the next date of listing, further proceedings of aforesaid case shall remain stayed against the applicant.
11. It is made clear that in case steps, as directed above, is not taken within the aforesaid period, interim order granted in this case shall automatically come to an end. "
5. Learned counsel for the applicant submits that with respect to the dispute between the parties in the main case being Case Crime No. 124 of 2021, the proceedings have been quashed by co-ordinate Bench of this Court vide order dated 28.07.2023 passed in Application U/s 25248 of 2023. Thus, the continuance of proceedings in a subsequent case between the parties, in such case would amount to abuse of process of law. Hence, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
6. Learned A.G.A. for the State has 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:
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,
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 cognizance order dated 09.07.2021 passed by learned Juvenile Justice Board, Moradabad and charge sheet dated 10.06.2021 as well as entire proceeding against the applicant in Case No. 49 of 2021, State Vs. Zubair, under section 4/25 Arms Act arising out of Case Crime No. 125 of 2021, Police Station Chhajlet, District Moradabad pending in the court of learned Juvenile Justice Board, Moradabad, District Moradabad against the applicant, are hereby quashed.
11. The application is, accordingly, allowed. There shall be no order as to costs.
12. It is always open to the parties to approach this Court, in case, the verification has been done by playing fraud.
Order Date :- 2.7.2024
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