Allahabad High Court
Rahul vs State Of U.P. And Another on 9 January, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:6088
Court No. - 52
Case :- APPLICATION U/S 482 No. - 32995 of 2024
Applicant :- Rahul
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- U.C. Chaturvedi
Counsel for Opposite Party :- G.A.,Harsh Dwivedi
With
Case :- APPLICATION U/S 482 No. - 1559 of 2024
Applicant :- Smt. Kumkum And 2 Others
Opposite Party :- State of U.P. and Others
Counsel for Applicant :- U.C. Chaturvedi
Counsel for Opposite Party :- G.A.,Girijesh Kumar Gupta,Harsh Dwivedi,Shiv Shankar Pd Gupta
With
Case :- APPLICATION U/S 482 No. - 25172 of 2024
Applicant :- Sompal
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- U.C. Chaturvedi
Counsel for Opposite Party :- G.A.,Harsh Dwivedi
With
Case :- APPLICATION U/S 482 No. - 41952 of 2024
Applicant :- Anjana And 12 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Girijesh Kumar Gupta,Shiv Shankar Pd Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Supplementary affidavit on behalf of the applicants filed today, is taken on record. Office is directed to register the same.
2. Heard Mr. U.C. Chaturvedi, learned counsel for the applicants, Mr. Girijesh Kumar Gupta, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the records.
3. These applications u/s 482 have been filed by the applicant with the prayer to quash cognizance/ summoning order dated 11.10.2022 passed by Judicial Magistrate-I, Meerut and charge sheet no. 129/2022 dated 31.07.2022 as well as entire criminal proceedings of Case No. 245 of 2022 (State v. Rahul and others), arising out of Case Crime No. 0002 of 2022, under Sections 498A, 323 IPC and 3/4 D.P. Act, Police Station Mundali, District Meerut, pending in the court of Judicial Magistrate-I, Meerut as well as proceedings of Case No. 31283/2024 (State Vs. Anjana and others), arising out of Case Crime No. 0004/2023, under Sections 147, 148, 504, 506 I.P.C., Police Station Bhawanpur, District Meerut, pending in the court of Chief Judicial Magistrate, Ghaziabad on the basis of compromise.
4. On 23.10.2024 the following order was passed in the matter:-
"1. Supplementary affidavit, filed today, is taken on record.
2. Heard Sri U.C. Chaturvedi, learned counsel for the applicant, Sri Shashi Kant Rai, learned AGA for the State, and perused the record.
3. The present 482 Cr.P.C. application has been filed by the applicant to quash cognizance/ summoning order dated 11.10.2022 passed by Judicial Magistrate-I, Meerut and charge sheet no. 129/2022 dated 31.07.2022 as well as entire criminal proceedings of Case No. 245 of 2022 (State v. Rahul and others), arising out of Case Crime No. 2 of 2022, under Sections 498A, 323 IPC and 3/4 D.P. Act, Police Station Mudali, District Meerut.
4. Learned counsel for the applicant submits that the parties have settled their dispute and have decided to live separately. They have filed a case under Section 13B of the Hindu Marriage Act, 1955 for mutual divorce. In this regard, an affidavit has been filed before the court concerned. Therefore, continuance of proceedings against the applicant 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.
5. Learned AGA does not dispute the correctness of the submissions made by the learned counsel for the applicant.
6. 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.
7. In view of the above, parties are directed to appear before the court below along with a certified copy of this order and permitted to file proper application and compromise deed. It is expected that the trial court may fix a date for the verification of said 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.
8. Upon due verification of compromise, the Court below may pass appropriate order in that regard and send a report to this Court.
9. Put up this case on 25.11.2024, as fresh, along with Application U/s 482 Nos. 1559 of 2024 and 25172 of 2024.
10. Till then, no coercive measure shall be taken against the applicant in the aforesaid case."
5. In compliance of the aforesaid order a report regarding compromise verification from learned Judicial Magistrate, Court No.01, Meerut is kept on record. Letter of Judicial Magistrate, Court No.1, Meerut dated 12.11.2024 is placed on record mentioning therein that compromise has been verified. Certified copy of the order dated 12.11.2024 has been annexed as Annexure No.SA-2 to the supplementary affidavit filed today.
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. He further submits that as per terms and condition no.5 of the compromise, parties have agreed to compromise in all the cases lodged against each other. He next submits that applicant Kumkum has lodged an F.I.R. against opposite party no.2 and her family members and proceedings of which has been challenged before this Court by means of filing of Application U/S 482 No.41952 of 2024 (Anjana And 12 Others Vs. State of U.P. and Another) and the aforesaid matter has also been compromised.
7. Learned A.G.A. for the State and learned counsel for 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.
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 proceedings of Case No. 245 of 2022 (State v. Rahul and others), arising out of Case Crime No. 0002 of 2022, under Sections 498A, 323 IPC and 3/4 D.P. Act, Police Station Mundali, District Meerut, pending in the court of Judicial Magistrate-I, Meerut and proceedings of Case No. 31283/2024 (State Vs. Anjana and others), arising out of Case Crime No. 0004/2023, under Sections 147, 148, 504, 506 I.P.C., Police Station Bhawanpur, District Meerut, pending in the court of Chief Judicial Magistrate, Ghaziabad on the basis of compromise, are hereby quashed.
12. The applications are accordingly, allowed. There shall be no order as to costs.
Order Date :- 9.1.2025
Abhishek Singh
