Allahabad High Court
Saurabh Kumar 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:21823
Court No. - 52
Case :- APPLICATION U/S 482 No. - 22058 of 2024
Applicant :- Saurabh Kumar
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Mukesh Kumar
Counsel for Opposite Party :- G.A.,Manoj Mishra
and
Case :- APPLICATION U/S 482 No. - 5010 of 2021
Applicant :- Saurabh Kumar And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ravi Sahu
Counsel for Opposite Party :- G.A.,Ram Prasad Kanaujiya
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Mukesh Kumar, learned counsel for the applicants, Mr. Laxman Tripathi, Advocate holding brief of Mr. Manoj Mishra, learned counsel for the opposite party no.2 as well as Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the material on record.
2. This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 12.12.2020 along with Cognizance order dated 11.01.2021 and the entire proceeding of Case No.936 of 2021 (State vs. Saurabh Kumar), arising out of Case Crime No.155 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Swaroop Nagar, District- Kanpur Nagar.
3. Earlier, Application U/S 482 No.5010 of 2021 (Saurabh Kumar And 2 Others vs. State of U.P. and Another) was filed wherein the husband along with other family members had approached this Court and protection was granted to the family members whereas the prayer of the husband Saurabh Kumar was rejected. Subsequently after compromise, the present Application U/S 482 No.22058 of 2024 (Saurabh Kumar vs. State Of U.P. And Another) was filed.
4. On 26.07.2024, the following order was passed in Application U/S 482 No.22058 of 2024 (Saurabh Kumar vs. State Of U.P. And Another) :-
"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 with the prayer to quash the entire proceedings, including charge-sheet dated 12.12.2020 and cognizance/summoning order dated 11.01.2021, of criminal case no. 936 of 2021, arising out of case crime no. 155 of 2020, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Swaroop Nagar, District Kanpur Nagar, pending in the court of C.M.M., Kanpur Nagar, in terms of the compromise arrived at between the parties.
It is submitted by learned counsel for the applicant that on account of intervention of the well-wishers, a compromise has been arrived at between the parties and the said compromise will be filed before the trial court concerned within two weeks from today. It is further contended 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.
In view of the aforesaid, it is directed that in case the parties file an appropriate application for compromise before the trial court concerned within a period of two weeks from today, the same shall be verified by the court concerned in accordance with law and 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.
List on 05.09.2024 along with application u/s 482 Cr.P.C. No. 5010 of 2021.
Till the next date of listing, no coercive action would be taken against the applicant in the aforesaid case."
5. In compliance of the aforesaid order dated 26.07.2024, a letter of the concerned Court of Chief Judicial Magistrate, Kanpur Nagar dated 04.09.2024 has been placed on record along with order dated 30.08.2024 as is evident form office report dated 26.11.2024. Order dated 30.08.2024 shows that the aforesaid compromise has been verified in the presence of the parties.
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 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 charge sheet dated 12.12.2020 along with Cognizance order dated 11.01.2021 and the entire proceeding of Case No.936 of 2021 (State vs. Saurabh Kumar), arising out of Case Crime No.155 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Swaroop Nagar, District- Kanpur Nagar, on the basis of compromise, are hereby quashed.
12. The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 14.2.2025
Kalp Nath Singh
