Allahabad High Court
Dilip And 2 Others vs State Of U.P. And Another on 2 April, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:45861
Court No. - 52
Case :- APPLICATION U/S 482 No. - 2276 of 2021
Applicant :- Dilip And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Lavkush Kumar Bhatt
Counsel for Opposite Party :- G.A.,Manoj Kumar Srivastava
Hon'ble Mrs. Manju Rani Chauhan,J.
1. List has been revised. No one appears on behalf of opposite party no.2.
2. Heard Mr. Lavkush Kumar Bhatt, learned counsel for the applicants, Ms. Kirti Singh, learned A.G.A. for the State and perused the records.
3. This application u/s 482 has been filed by the applicant with the prayer to quash the charge sheet dated 03.08.2020 as well as the entire proceedings of Criminal Case No. 251 of 2020 (State Vs. Dilip and others), arising out of Case Crime No. 0101 of 2020, under Sections- 498A, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Kotwali Gursahaiganj, District- Kannauj, pending in the court of Judicial Magistrate, Kannauj, on the basis of compromise.
4. On 21.11.2024 the following order was passed:-
"1. Heard learned counsel for the applicants, learned AGA for the State. None is present for the opposite party no.2.
2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 CrPC praying to quash the charge sheet dated 03.08.2020 as well as the entire proceedings of Criminal Case No. 251 of 2020 (State Vs. Dilip and others), arising out of Case Crime No. 0101 of 2020, under Sections- 498A, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Kotwali Gursahaiganj, District- Kannauj, pending in the court of Judicial Magistrate, Kannauj.
3. It is submitted that the instant matter is arising out of matrimonial discord. During pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court and inked compromise dated 08.10.2024 which has been filed before the court below. Certified copy of aforesaid compromise is annexed as Annexure No.-S.A.-1 to the supplementary affidavit. It is next submitted that in changed scenario, no dispute remains between the parties and they have buried the hatchet and at present, there is no grudge against each other, therefore, to observe peace and tranquility between them, instant criminal proceedings may be decided on the basis of the compromise.
4. Learned AGA has no objection in relegating the parties before the court below to get their compromise verified.
5. In this conspectus, as above, learned court concerned, before whom compromise application dated 08.10.2024 has been filed, is hereby directed to verify the same in presence of both the parties after recording their statements and submit compromise verification report before this Court within a period of one month from the date of appearance of the parties who are hereby directed to appear before the court concerned on 09/10.12.2024 to get their compromise verified.
6. List this matter on 18.02.2025 before appropriate Court along with the compromise verification report submitted/sent by the Trial Court, if any.
7. Till the next date of listing, interim order, granted earlier, shall remain continue.
8. It is made clear that on the next date fixed, opposite party no.2 shall appear through counsel to put her version, if any."
5. In compliance of the aforesaid order compromise has been verified by the Court of Civil Judge (Junior Division) FTC-II, Kannauj vide order dated 10.12.2024 in presence of both the parties. Certified copy of the order dated 10.12.2024 as well as statements of the parties has been annexed as annexure No.3 to the supplementary affidavit.
6. 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.
7. 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.
8. 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,
9. 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.
10. 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.
11. Accordingly, the proceedings of charge sheet dated 03.08.2020 as well as the entire proceedings of Criminal Case No. 251 of 2020 (State Vs. Dilip and others), arising out of Case Crime No. 0101 of 2020, under Sections- 498A, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Kotwali Gursahaiganj, District- Kannauj, pending in the court of Judicial Magistrate, Kannauj, on the basis of compromise, are hereby quashed.
12. The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 2.4.2025
Abhishek Singh
