Allahabad High Court
Kuldeep Kumar vs State Of U.P. And Another on 15 January, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:6902
Court No. - 52
Case :- APPLICATION U/S 482 No. - 18492 of 2024
Applicant :- Kuldeep Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Surendra Kumar Verma
Counsel for Opposite Party :- G.A.
With
Case :- APPLICATION U/S 482 No. - 42409 of 2024
Applicant :- Sandeep Alias Sandeep Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Surendra Kumar Verma
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Surendra Kumar Verma, learned counsel for the applicants, learned A.G.A. for the State and perused the records.
2. These applications u/s 482 have been filed by the applicants with the prayer to quash the entire criminal proceeding of S.T. No.54 of 2016 (State Vs. Kuldeep Kumar) in Case Crime No.180 of 2015, under Sections 498A, 323, 307 IPC, P.S.Derapur, District Kanpur Dehat pending before Additional District Judge/Fast Track Court No.2, Kanpur Dehat and also to quash the S.T. No.320 of 2017 (State Vs. Sandeep), in Case Crime No.180 of 2015, under Sections 498-A, 323, 307 I.P.C., Police Station Derapur, District Kanpur Dehat, pending in the court of Additional District Judge/ Fast Track Court No.2, Kanpur Dehat on the basis of compromise deed dated 15.04.2024 entered into S.T. No.54 of 2016 (State Vs. Kuldeep Kumar).
3. On 31.05.2024, the following order was passed:-
"1. Heard learned counsel for the applicant and learned AGA for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire criminal proceeding of S.T. No.54 of 2016 (State Vs. Kuldeep Kumar) in Case Crime No.180 of 2015, under Sections 498A, 323, 307 IPC, P.S.Derapur, District Kanpur Dehat pending before Additional District Judge/Fast Track Court No.2, Kanpur Dehat on the basis of compromise dated 15.4.2024 entered into S.T. No.54 of 2016 (State Vs. Kuldeep Kumar).
3. Learned counsel for the applicant submits that the parties have entered into a compromise.
4. Learned A.G.A. submits that the compromise effected between the parties may be verified before the court concerned.
5. In the interest of justice, the applicant and the opposite party no.2 are directed to appear before the court concerned on 15.7.2024 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.
6. List on 14.8.2024 in top ten cases.
7. Till the next date of listing, further proceedings in the aforesaid case shall remain stayed."
4. In compliance of the aforesaid order a letter of Addtiional District and Sessions Judge/ FTC, Ramabai Nagar (Kanpur Dehat) along with order dated 15.07.2024 has been placed on record as is evident from office report dated 13.08.2024 vide which compromise has been verified.
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 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 criminal proceeding of S.T. No.54 of 2016 (State Vs. Kuldeep Kumar) in Case Crime No.180 of 2015, under Sections 498A, 323, 307 IPC, P.S.Derapur, District Kanpur Dehat pending before Additional District Judge/Fast Track Court No.2, Kanpur Dehat and also to quash the S.T. No.320 of 2017 (State Vs. Sandeep), in Case Crime No.180 of 2015, under Sections 498-A, 323, 307 I.P.C., Police Station Derapur, District Kanpur Dehat, pending in the court of Additional District Judge/ Fast Track Court No.2, Kanpur Dehat on the basis of compromise deed dated 15.04.2024 entered into S.T. No.54 of 2016 (State Vs. Kuldeep Kumar), are hereby quashed.
11. The applications are, accordingly, allowed. There shall be no order as to costs.
Order Date :- 15.1.2025
Abhishek Singh
