Allahabad High Court
Hemant Pratap Singh And 2 Others vs State Of U.P. And Another on 13 November, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:178624
Court No. - 52
Case :- APPLICATION U/S 482 No. - 34078 of 2024
Applicant :- Hemant Pratap Singh And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Khurshida Bano,Sabhajeet Yadav
Counsel for Opposite Party :- Dhirendra Singh Rajput, Praveen Kumar Yadav,G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Sabhajeet Yadav, learned counsel for the applicants, Mr. Dhirendra Singh Rajput, learned counsel for opposite party no. 2 and Mr. Pramod Kumar, learned A.G.A. for the State.
2. This application u/s 482 has been filed by the applicants with prayer to quash the charge sheet no. 39/24 dated 11.04.2024 as well as cognizance order dated 18.07.2024 and entire proceeding of the Case No. 13912 of 2024 (State vs. Hemant Singh and Others), arising out of Case Crime No. 21 of 2024, under Sections 376, 420, 384, 328 I.P.C. and Section 3/4 of D.P. Act, P.S. Mahila Thana, District-Agra, pending before the Civil Judge (J.D.), Fast Court, Court No. 1, Agra, in terms of compromise entered between the parties.
3. On 15.10.2024, the following order was passed:-
"1. Heard Mr. Sabhajeet Yadav, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet No.39/24 dated 11.04.2024, cognizance order dated 18.07.2024 as well as entire proceedings of Case No. 13912 of 2024 (State Vs. Hemant Singh and others), arising out of Case Crime No. 21 of 2024, under Sections 376, 420, 384, 328 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Agra, pending in the court of Civil Judge (J.D.) Fast Court, Court No.01, Agra, in pursuance of compromise deed dated 16.09.2024.
3. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties. The copy of the said compromise/mutual deed, filed before the court below, is annexed as Annexure No. 7 to this application. Therefore, continuance of proceedings against the applicants would be a futile exercise and wastage of time of the Court and will be abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.
4. Learned AGA does not dispute the correctness of the submissions made by the learned counsel for the applicants.
5. Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.
6. In view of the above, both the parties are directed to appear before the court below along with copy of compromise deed as well as a certified copy of this order within a two week from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, after hearing the informant, as expeditiously as possible, preferably within a period of four weeks from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?
7. Upon due verification of compromise, the court below may pass appropriate order in that regard and send a report to this Court.
8. Put up this case on 13.11.2024, as fresh.
9. Till then, no coercive measure shall be taken against the applicants in the aforesaid case."
4. In compliance of the aforesaid order dated 15.10.2024, compromise verification report from Additional Session Judge/Special Judge (SC/ST Act), is kept on record as is evident from office report dated 12.11.2024. The letter of concerned Special Judge has been placed on record along with order dated 04.11.2024, vide which compromise has been verified.
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 proceedings ofcharge sheet no. 39/24 dated 11.04.2024 as well as cognizance order dated 18.07.2024 and entire proceeding of the Case No. 13912 of 2024 (State vs. Hemant Singh and Others), arising out of Case Crime No. 21 of 2024, under Sections 376, 420, 384, 328 I.P.C. and Section 3/4 of D.P. Act, P.S. Mahila Thana, District-Agra, pending before the Civil Judge (J.D.), Fast Court, Court No. 1, Agra, in terms of compromise entered between the parties, are hereby quashed.
11. The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 13.11.2024
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