Allahabad High Court
Pranshu Singh Gaur And 3 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:46196
Court No. - 52
Case :- APPLICATION U/S 482 No. - 8179 of 2021
Applicant :- Pranshu Singh Gaur And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ram Tiwari
Counsel for Opposite Party :- Anand Sagar Shukla,G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Ram Tiwari, learned counsel for the applicants, Mr. Anand Sagar Shukla, learned counsel for the opposite party no.2 and Mr. Pramod Kumar Singh, learned counsel for the State.
2. The present application has been filed to quash the proceedings of Criminal Case No.9152 of 2020 (State v. Smt. Usha Devi and others) arising out of Case Crime No.850 of 2019, under Sections 498-A, 323 IPC and Sections 3/4 of D.P. Act Police Station- Naubasta, District- Kanpur Nagar in connection with impugned charge sheet dated 22.12.2019 in Case Crime No.850 of 2019 under Sections 498A, 323 IPC and Section 3/4 D.P. Act Police Station Naubasta District Kanpur Nagar pending in the court of A.C.M.M.-3, Kanpur Nagar, in terms of compromise.
3. On 21.11.2024, the following order was passed:-
"1. Heard learned counsel for the applicants as well as learned AGA appearing for the State and learned counsel appearing for opposite party no.2.
2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 CrPC praying to quash the proceedings of Criminal Case No.9152 of 2020 (State v. Smt. Usha Devi and others) arising out of Case Crime No.850 of 2019, under Sections 498-A, 323 IPC and Sections 3/4 of D.P. Act Police Station- Naubasta, District- Kanpur Nagar in connection with impugned charge sheet dated 22.12.2019 in Case Crime No.850 of 2019 under Sections 498A, 323 IPC and Section 3/4 D.P. Act Police Station Naubasta District Kanpur Nagar pending in the court of A.C.M.M.-3, Kanpur Nagar.
3. It is submitted that during pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court and inked compromise dated 19.03.2020. Certified copy of the aforesaid compromise is annexed as Annexure-4 to this application. It is further submitted that the instant matter is arising out of matrimonial dispute and accordingly, case under Section 13-B of Hindu Marriage Act has been allowed. It is further 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 counsel for the opposite party no.2 has nodded the submissions as raised by the learned counsel for the applicants and contended that in the changed circumstances, wherein parties have entered into compromise, opposite party no.2 is no longer inclined to pursue the criminal proceedings against the accused (present applicants). Therefore, proceedings may be decided on the basis of the compromise.
5. Learned AGA has no objection in relegating the parties before the court below to get this compromise verified.
6. In this conspectus, as above, both the parties are hereby directed to appear before the court concerned on 03/04.12.2024 for verification of their compromise along with the original copy of the compromise application. After receiving the said compromise, learned court concerned shall 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.
7. List this matter on 18.02.2025 before appropriate Court along with the compromise verification report submitted/sent by the Trial Court, if any.
8. Till the next date of listing, interim order, granted earlier, shall remain continue."
4. In compliance of the aforesaid order dated 21.11.2024, compromise verification report received from Special Chief Judicial Magistrate, Kanpur Nagar, has been placed on record as is evident from office report dated 17.02.2025. The letter of Special C.J.M., Kanpur Nagar dated 03.01.2025 has been placed on record along with verification order dated 03.12.2024 vide which compromise has been verified between the parties.
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 no.2 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, proceedings of Criminal Case No.9152 of 2020 (State v. Smt. Usha Devi and others) , arising out of Case Crime No.850 of 2019, under Sections 498-A, 323 IPC and Sections 3/4 of D.P. Act Police Station- Naubasta, District- Kanpur Nagar, in connection with impugned charge sheet dated 22.12.2019 in Case Crime No.850 of 2019 under Sections 498A, 323 IPC and Section 3/4 D.P. Act Police Station Naubasta District Kanpur Nagar pending in the court of A.C.M.M.-3, Kanpur Nagar, on the basis of compromise, are hereby quashed.
11. The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 2.4.2025
Rahul.
