Allahabad High Court
Mahendra Singh vs State Of U.P. And Another on 14 February, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:21820
Court No. - 52
Case :- APPLICATION U/S 482 No. - 31097 of 2024
Applicant :- Mahendra Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Kumar
Counsel for Opposite Party :- G.A.,Harish Chandra Gupta
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Mr. Ajay Kumar, learned counsel for the applicant, Mr. Ashok Kumar Garg, Advocate holding brief of Mr. Harish Chandra Gupta for the opposite party no.2 as well as Mr. Mayank Awashti, learned A.G.A. for the State and perused the material on record.
2. The present 482 Cr.P.C. application has been filed with the prayer to quash the Charge Sheet No.357 of 2022 dated 09.10.2022 along with Cognizance order dated 07.11.2022 and the entire proceedings of Case No.24562 of 2022 (State of U.P. vs. Mahendra Singh), arising out of Case Crime No.234 of 2022, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Sadar Bazar, District- Agra as well as stay the further proceeding of the aforesaid case, pending in the court of learned Chief Judicial Magistrate, Agra, on the basis of compromise.
3. On 30.09.2024, the following order was passed :-
"Short counter affidavit on behalf of opposite party no. 2/informant filed in Court today, is taken on record.
Heard learned counsel for applicant, learned counsel for opposite party no. 2 and learned A.G.A. for the State.
This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including charge-sheet dated 09.10.2022 and cognizance/summoning order dated 07.11.2022, of criminal case no. 24562 of 2022, arising out of case crime no. 234 of 2022, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Sadar Bazar, District Agra, pending in the court of C.J.M., Agra, in terms of the compromise arrived at between the parties.
It is submitted that on account of intervention of the well-wishers, a compromise has been arrived at between the parties. The said compromise has already been filed before the trial court concerned. It is further submitted that proceedings of the aforesaid case may be quashed on the basis of compromise arrived at between the parties.
Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.
Learned counsel for the parties undertake to ensure their presence before the trial court concerned or any other transferee court, as the case may be, on 15.10.2024 and the court concerned, thereafter, shall ascertain the veracity of the compromise. 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 by the next date.
Parties are also directed to produce certified copy of this order before the court concerned on the date fixed before it.
List this case on 05.11.2024.
Till the next date of listing, no coercive action would be taken against the applicant in the aforesaid case."
4. In compliance of the aforesaid order dated 30.09.2024, a letter of the concerned Court of Chief Judicial Magistrate, Agra dated 08.10.2024 has been placed on record along with order dated 07.10.2024 as is evident form office report dated 03.12.2024. Order dated 07.10.2024 shows that the aforesaid compromise has been verified in the presence of 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, the entire proceedings of Case No.24562 of 2022 (State of U.P. vs. Mahendra Singh), arising out of Case Crime No.234 of 2022, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Sadar Bazar, District- 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 :- 14.2.2025
Kalp Nath Singh
