Allahabad High Court
Aakash Verma And Another vs State Of U.P. And Another on 6 November, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:174131
Court No. - 73
Case :- APPLICATION U/S 482 No. - 37197 of 2024
Applicant :- Aakash Verma And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Pradeep Kumar Tiwari,Sushil Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Pradeep Kumar Tiwari, learned counsel for the applicants, learned A.G.A. for the State and perused the records.
2. This application u/s 482 has been filed by the applicant with the prayer to quash the entire proceeding of Case No.3876 of 2024 (State Vs. Aakash Verma and others), arising out of Case Crime No.99 of 2022, under Sections 498-A, 323, 504, 506 IPC, Police Station Madan Mohan Gate, District- Agra pending in the Court of Additional Chief Judicial Magistrate-III, Agra, on the basis of compromise.
3. Earlier Application U/S 482 No. 25391 of 2024 was filed, wherein on 13.08.2024 the following order was passed:-
"Short counter affidavit filed today by learned counsel for the opposite party is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party as well as learned A.G.A. are present.
This application has been filed with a prayer to allow this application and quash the charge sheet No. 56/2022 dated 21.11.2022 as well as cognizance order dated 05.03.2024 as well as entire proceedings in Case No. 3876 of 2024 (State Vs. Aakash Verma and others), arising out of Case Crime No. 99 of 2022 under Section 498-A, 323, 504, 506 I.P.C., pending in the Court of Additional Chief Judicial Magistrate-III, Agra, Police Station Madan Mohan Gate, District Agra on the basis of compromise dated 05.07.2024 and also further prayed to stay the further proceeding in the aforesaid case.
It is submitted by learned counsel for the applicants that in this case matter has been settled between the parties amicably regarding which compromise has been filed before the learned trial court, the copy of certified copy of which has been filed with short-counter affidavit before this Court, therefore, request to direct the parties to appear before the learned trial court and to file compromise and the court is to verify the compromise between the parties and then decide the case in terms of compromise.
Learned counsel for the opposite party as well as learned A.G.A. has no objection in this regard.
On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A., since parties have settled their dispute amicably and filed affidavit before the learned court for compromise the copy of which is on record, therefore, it is expedient to direct the parties to appear before the learned trial court within a period of 30 days and to file compromise which shall be verified by the learned court and then they may file fresh application with certified copy of verified compromise before this Court.
Till then, no coercive action shall be taken against the applicants.
Accordingly, this application is disposed of finally."
4. In compliance of the aforesaid order compromise has been verified by the Court of Additional Chief Judicial Magistrate-III, Agra vide order dated 10.09.2024, certified copy of the same has been annexed as annexure No.6 of the application.
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 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 proceedings of Case No.3876 of 2024 (State Vs. Aakash Verma and others) arising out of Case Crime No.99 of 2022, under Sections 498-A, 323, 504, 506 IPC, Police Station Madan Mohan Gate, District- Agra pending in the Court of Additional Chief Judicial Magistrate-III, Agra, on the basis of compromise, are hereby quashed.
11. The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 6.11.2024
Abhishek Singh
