Allahabad High Court
Smt Kaliya Devi And 2 Others vs State Of U.P Through Principal ... on 4 February, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:15668
Court No. - 52
Case :- APPLICATION U/S 482 No. - 35703 of 2024
Applicant :- Smt Kaliya Devi And 2 Others
Opposite Party :- State Of U.P Through Principal Secretary Home Gov Of U.P At Lukcnow And Another
Counsel for Applicant :- Dwijendra Prasad
Counsel for Opposite Party :- G.A.,Pradyumna Kumar
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Dwijendra Prasad, learned counsel for the applicants, Mr. Pradyumna Kumar, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed by the applicants to quash entire proceedings, cognizance order dated 30.03.2018, chargesheet dated 19.07.2017 in Case No. 1354 of 2018, State v. Makhan Singh, arising out of Case Crime No.15 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, P.S. Mahila Thana, District Agra in pursuance of compromise deed dated 22.07.2024 pending in the court of Civil Judge (J.D.)/ Fast Track Court, Agra.
3. On 28.11.2024, the following order was passed:-
"1. Heard Sri Dwijendra Prasad, learned counsel for the applicants, learned AGA for the State, Sri Pradyumna Kumar, learned counsel for opposite party no. 2 and perused the record.
2. The present 482 Cr.P.C. application has been filed by the applicants to quash entire proceedings, cognizance order dated 30.03.2018, chargesheet dated 19.07.2017 in Case No. 1354 of 2018, State v. Makhan Singh, arising out of Case Crime No. 15 of 2016, under Sections 498A, 323, 504, 506 IPC & 3/4 D.P. Act, P.S. Mahila Thana, District Agra in pursuance of compromise deed dated 22.07.2024 pending in the court of Civil Judge (J.D.)/ Fast Track Court, Agra.
3. Learned counsel for the applicants submits that the parties have amicably settled their dispute and to that effect compromise deed has been filed, wherein it has been mentioned that after death of husband, opposite party no. 2 is residing at her in-laws' place. Copy of said compromise deed has been annexed as Annexure no. 7 to the affidavit. In view of thereof, continuance of proceedings against the applicants would be 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 counsel for opposite parties do 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, parties are directed to appear before the court below along with copy of compromise deed and certified copy of this order. 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, 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 statements 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. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.
8. Put up this case on 17.01.2025, 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 28.11.2024, compromise between the parties has been verified by order dated 07.01.2025. Certified copy of the verification order has been passed on to the Court today and is kept on record.
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 cognizance order dated 30.03.2018, charge sheet dated 19.07.2017 in Case No. 1354 of 2018, State v. Makhan Singh, arising out of Case Crime No.15 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, P.S. Mahila Thana, District Agra in pursuance of compromise deed dated 22.07.2024 pending in the court of Civil Judge (J.D.)/ Fast Track Court, Agra, on the basis of compromise, are hereby quashed.
11. The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 4.2.2025
Rahul.
