Allahabad High Court
Smt. Manjurani And 2 Others vs State Of U.P. And Another on 7 January, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:4140
Court No. - 52
Case :- APPLICATION U/S 482 No. - 40503 of 2023
Applicant :- Smt. Manjurani And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Purushottam Pandey
Counsel for Opposite Party :- G.A.,Rajesh Kumar Mishra
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Purushottam Pandey, learned counsel for the applicants, Mr. Rajesh Kumar Mishra, learned counsel for the opposite party no.2, Mr. Deepak Kapoor, learned counsel for the State and perused the records.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 25.06.2018 and cognizance order dated 08.10.2018 as well as the entire proceedings of Case No.2144 of 2018 (State vs. Manjurani and others), arising out of Case Crime No.102 of 2018, under Sections 332, 323, 427, 506 IPC, Police Station-Patwari, District-Rampur, pending before the court of Judicial Magistrate, Rampur on the basis of compromise.
3. Earlier on 09.11.2023, the following order was passed:-
"1. Connect with Application U/S 482 No. - 40456 of 2023
2. Heard learned counsel for the applicant, learned counsel for Opposite Party No. 2, learned AGA and perused the record.
3. It is submitted that instant matter is arising out of matrimonial bickering between the husband and wife. However, due to some misunderstanding, Opposite Party No. 2 has filed a police case. During pendency of the proceeding, both the parties have amicably settled their dispute out of the Court and entered into a compromise. It is further submitted that in the light of the aforesaid compromise, they have moved a compromise application before the court concerned but the same has been rejected on the ground that the offence in question is not compoundable under Section 320 CrPC. It is further submitted that since the police case has been initiated due to some misunderstanding, the continued pendency of these proceedings has resulted in harassment and oppression of the present applicants, therefore, instant application may be allowed and entire criminal proceedings may be quashed.
4. Learned counsel for Opposite Party No. 2 has admitted the factum of compromise and urged that the instant application may be decided on the basis thereof. He further states that Opposite Party No. 2 is no more interested to pursue the matter against the present applicants.
5. In this conspectus, as above, both the parties are hereby directed to appear before the concerned court below on 28/29.11.2023 and file their compromise application. Learned trial court, on compromise application being filed, shall verify the compromise application in the presence of both the parties after recording their statements and submit his verification report within one month from the date of appearance of the parties.
6. List this matter on 8.1.2024 along with the verification report submitted by the court concerned, if any.
7. Till the next date of listing, no coercive action shall be taken against the applicants in Case No. 2144 of 201 (State Vs. Manjurani and others) arising out of Case Crime No. 102 of 2018, under Section 332, 323, 427 and 506 IPC, Police Station?Patwali District Rampur pending in the court of Judicial Magistrate, Rampur. "
4. In compliance of the aforesaid order, a report regarding verification of compromise deed has been placed on record as is evident from the office report dated 16.10.2024. A letter of I/c Civil Judge (J.D.)/F.T.C., Rampur, dated 28.11.2023 has been placed alongwith certified copy of order dated 28.11.2023 vide which compromise has been verified in the presence of the parties alongwith their respective counsels.
5. Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
6. Learned A.G.A. for the State as well as counsel for the opposite party no.2 do not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants.
7. Before proceeding any further it shall be apt to make a brief reference to the following cases:-
1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,
2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
5. 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. 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 charge sheet dated 25.06.2018 and cognizance order dated 08.10.2018 as well as the entire proceedings of Case No.2144 of 2018 (State vs. Manjurani and others), arising out of Case Crime No.102 of 2018, under Sections 332, 323, 427, 506 IPC, Police Station-Patwari, District-Rampur, pending before the court of Judicial Magistrate, Rampur is hereby quashed.
11. The application is, accordingly, allowed. There shall be no order as to costs.
12. It is always open to the parties to approach before this Court in case verification has been done by playing fraud.
13. A copy of this order be sent to the lower court forthwith.
Order Date :- 7.1.2025
Jitendra/-
