Allahabad High Court
Muveen Ahmad And 6 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:46311
Court No. - 52
Case :- APPLICATION U/S 482 No. - 18137 of 2021
Applicant :- Muveen Ahmad And 6 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Balbeer Singh
Counsel for Opposite Party :- Amit Kumar Singh,Anil Kumar,G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Supplementary affidavit filed by learned counsel for the applicants in Court today, is taken on record. Office is directed to register the same.
2. Heard Mr. Balbeer Singh, learned counsel for the applicants and Mr. Shiv Prasad Singh, Advocate holding brief of Mr. Amit Kumar Singh, learned counsel for the opposite party no.2 and Mr. P.K. Singh, learned counsel for the State.
3. The present 482 Cr.P.C. application has been filed for for quashing the charge sheet no.328 if 2015 dated 30.10.2015, under Sections 147, 148, 149, 336, 323, 504, 506 I.P.C. arising out of case crime no.356 of 2015, Police Station Jagdishpura, District Agra as well as quash the impugned cognizance order dated 29.04.2016 passed by learned Additional Chief Judicial Magistrate VIIIth, Agra & non bailable order dated 30.05.2018 passed by learned Additional Chief Judicial Magistrate VIIth, Agra in criminal case no.3183 of 2016 arising out of case crime no.356 of 2015 and quash the entire proceeding of Criminal Case No.3183 of 2016, State vs. Muveen Ahmad & Others, P.S. Jagdishpura, District Agra, pending in the court of Additional Chief Judicial Magistrate IIIrd, Agra, on the basis of compromise.
4. On 14.12.2021, the following order was passed:-
"Heard learned counsel for the applicants, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. application has been filed for for quashing the charge sheet no.328 if 2015 dated 30.10.2015, under Sections 147, 148, 149, 336, 323, 504, 506 I.P.C. arising out of case crime no.356 of 2015, Police Station Jagdishpura, District Agra as well as quash the impugned cognizance order dated 29.04.2016 passed by learned Additional Chief Judicial Magistrate VIIIth, Agra & non bailable order dated 30.05.2018 passed by learned Additional Chief Judicial Magistrate VIIth, Agra in criminal case no.3183 of 2016 arising out of case crime no.356 of 2015 and quash the entire proceeding of Criminal Case No.3183 of 2016, State vs. Muveen Ahmad & Others, P.S. Jagdishpura, District Agra, pending in the court of Additional Chief Judicial Magistrate IIIrd, Agra.
Learned counsel for the applicants submits that nothing as alleged has been committed by the applicants, however, the applicants and the complainant have entered into a compromise. They have settled their dispute amicably out of the Court and have decided not to contest the case against each other.
In view of the above, the parties are directed to approach the court concerned by filing appropriate application for verification of the compromise within two weeks from today and the Court concerned, after receiving the application, shall verify the compromise in presence of both the parties and submit its report to this Court within four weeks, thereafter.
List in the week commencing 24.01.2022 in the additional cause list before the appropriate Bench.
Meanwhile, process, if any, is found to be issued against the applicants, the same shall not be given effect to.
It is made clear that this case shall not be treated as tied up or part heard to this Bench."
5. In compliance of the aforesaid order dated 14.12.2021, compromise between the parties has been verified by the Additional Civil Judge (J.D.), Court No.4, Agra, vide order dated 02.04.2022, in presence of the parties as well as their respective counsels. The aforesaid verification order has been passed on to the Court today by learned counsel for the applicants by means of a 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 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.
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, proceedings of charge sheet no.328 if 2015 dated 30.10.2015, under Sections 147, 148, 149, 336, 323, 504, 506 I.P.C. arising out of case crime no.356 of 2015, Police Station Jagdishpura, District Agra as well as quash the impugned cognizance order dated 29.04.2016 passed by learned Additional Chief Judicial Magistrate VIIIth, Agra & non bailable order dated 30.05.2018 passed by learned Additional Chief Judicial Magistrate VIIth, Agra in criminal case no.3183 of 2016 arising out of case crime no.356 of 2015 and Criminal Case No.3183 of 2016, State vs. Muveen Ahmad & Others, P.S. Jagdishpura, District Agra, pending in the court of Additional Chief Judicial Magistrate IIIrd, Agra, 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/Rahul.
