Allahabad High Court
Deepak Kushwah vs State Of U.P. And Another on 6 January, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:2506
Court No. - 52
Case :- APPLICATION U/S 482 No. - 14514 of 2024
Applicant :- Deepak Kushwah
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Hare Krishna Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Hare Krishna Tripathi, learned counsel for the applicant, Mr. Om Prakash Yadav, learned counsel for opposite party no.2 as well as Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed with the prayer to quash the entire proceedings of Sessions Case No.287 of 2021 (State vs. Deepak Kushwaha and Others), arising out of Case Crime No.28 of 2021, under Sections 498-A, 328, 323, 452, 504, 506 I.P.C., Section 3/4 D.P. Act and Section 3(2)5 S.C./S.T. Act, Police Station- Nawabad, District- Jhansi as well as stay the further proceeding of the aforesaid case, pending before the court of Special Judge, S.C./S.T. Act, on the basis of compromise dated 12.04.2024.
3. On 03.05.2024 the following order was passed:-
"1. Heard learned counsel for the applicants, Sri Om Prakash Yadav, learned counsel for opposite party no.2 and learned AGA for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceedings of Sessions Case No.287 of 2021 (State Vs. Deepak Kushwaha and others), Case Crime No.28 of 2021, under Sections 498A, 328, 323, 452, 504, 506 IPC, Section 3/4 D.P. Act and Section 3(2)5 of S.C./S.T. Act, P.S. Nawabad, District Jhansi on the basis of compromise entered into between the applicant and opposite party no.2 dated 12.4.2024.
3. Learned counsel for the applicants submits that the parties have entered into a compromise.
4. Learned counsel for opposite party no.2 also submits that parties have settled their dispute and he would have no objection in case the present criminal proceedings are quashed.
5. Learned A.G.A. submits that the compromise effected between the parties may be verified before the court concerned.
6. In the interest of justice, the applicants and the opposite party no.2 are directed to appear before the court concerned on 21.5.2024 and shall submit the compromise, which shall be verified by the court concerned and a report in this regard shall be submitted before this Court within 15 days thereafter.
7. Connect and list along with Application U/S 482 No.-14765 of 2021 (Khuman Singh Kushwaha and another Vs. State of U.P. and another) on 11.7.2024 in top ten cases.
8. Till the next date of listing, further proceedings in the aforesaid case shall remain stayed."
4. In compliance of the aforesaid order dated 03.05.2024, a letter of the concerned Court of Special Judge, S.C. and S.T. (Prevention of Atrocities) Act, Jhansi dated 22.05.2024 has been placed on record along with order dated 21.05.2024 as is evident form office report dated 10.07.2024. Order dated 21.05.2024 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 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 Sessions Case No.287 of 2021 (State vs. Deepak Kushwaha and Others), arising out of Case Crime No.28 of 2021, under Sections 498-A, 328, 323, 452, 504, 506 I.P.C., Section 3/4 D.P. Act and Section 3(2)5 S.C./S.T. Act, Police Station- Nawabad, District- Jhansi, on the basis of compromise, are hereby quashed.
11. The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 6.1.2025
Kalp Nath Singh
