Allahabad High Court
Akash Kumar And 3 Others vs State Of U.P. And Another on 11 November, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:177054
Court No. - 73
Case :- APPLICATION U/S 482 No. - 18673 of 2024
Applicant :- Akash Kumar And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vijay Pratap Singh
Counsel for Opposite Party :- Amit Pandey,G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned counsel for the State and perused the records.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 30.01.2021 and cognizance/summoning order dated 31.03.2021 as well as the entire proceedings of Session Trial No.1144 of 2022 (State vs. Akash and others), arising out of Case Crime No.2968 of 2021, under Sections 498A, 323, 354, 376, 377, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Mahila Thana, District-Muzaffar Nagar, pending before the court of Additional Sessions Judge/F.T.C., Court No.2, Muzaffar Nagar on the basis of compromise.
3. Earlier on 18.06.2024, the following order was passed:-
"Short counter affidavit filed by learned counsel for the opposite party No. 2 is taken on record.
Heard Shri Vijay Pratap Singh, learned counsel for the applicant, learned A.G.A. for the State and also perused the record.
The present 482 Cr.P.C. application has been filed to quash the impugned chargesheet dated 30.01.2021 as well as entire proceeding of Session Trial No.1144 of 2022 (Case No.2968 of 2021) (State v. Akash and others), under Sections 498A, 323, 354, 376, 377, 504, 506 I.P.C and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Muzaffarnagar arising out of Case Crime No.163 of 2020, under Sections 498A, 323, 354, 376, 377, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act at Police Station Mahila Thana, District Muzaffarnagar and also quash the summoning order dated 31.03.2021 passed by Judicial Magistrate, Court No.1, Muzaffarnagar in Session Trial No.1144 of 2022 (Case No.2968 of 2021) (State v. Akash and others), under Sections 498A, 323, 354, 376, 377, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Muzaffarnagar pending in the court of Additional Sessions Judge (Fast Track Court No.2), Muzaffarnagar on the basis of compromise dated 03.05.2024 entered between the applicants and the opposite party no.2.
It has been submitted by learned counsel for the applicant that the parties have entered into a compromise dated 03.05.2024, a copy of the said compromise is annexed as Annexure SCA-1 to the short counter affidavit dated 05.06.2024.
Looking to the facts of the case, it is provided that the applicant shall file the said compromise before the court concerned, who shall verify the same within 30 days thereafter and send his report to this Court.
Put up this case as fresh on 22.07.2024 along with verification report.
Till the next date of listing, no coercive measures shall be taken against the applicants under the aforesaid case crime. "
4. In compliance of the aforesaid order, a report regarding verification of compromise deed has been placed on record as is evident from the office report dated 06.08.2024. A letter of the Additional District & Sessions Judge/Special Judge (POCSO Act), Court No.2, Muzaffarnagar dated 12.07.2024 has been placed alongwith copy of order dated 04.07.2024 vide which compromise has been verified in the presence of the parties alongwith their respective counsels.
5. 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.
6. Learned A.G.A. for the State 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.
7. 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,
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. 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 30.01.2021 and cognizance/summoning order dated 31.03.2021 as well as the entire proceedings of Session Trial No.1144 of 2022 (State vs. Akash and others), arising out of Case Crime No.2968 of 2021, under Sections 498A, 323, 354, 376, 377, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Mahila Thana, District-Muzaffar Nagar, pending before the court of Additional Sessions Judge/F.T.C., Court No.2, Muzaffar Nagar is 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 before this Court in case verification has been done by playing fraud.
13. A copy of this order be sent to the lower court forthwith.
Order Date :- 11.11.2024
Jitendra/-
