Allahabad High Court
Sonu Alias Manish Kumar And 2 Others vs State Of U.P. And Another on 17 March, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:37513
Court No. - 52
Case :- APPLICATION U/S 482 No. - 36217 of 2024
Applicant :- Sonu Alias Manish Kumar And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Minu Chaudhary
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Minu Chaudhary, learned counsel for the applicants as well as Mr. S.N. Tiwari, learned counsel for the State and perused the record.
This application u/s 482 has been filed by the applicants with the prayer to quash the entire proceeding of S.T. No.715/2023 (State vs. Sonu @ Manish Kumar and Others), under Sections 406, 420, 467, 468, 506 I.P.C. and Sections 3(2)(va) & 3(2)(v) SC/ST Act, Police Station- Gabhana, District- Aligarh, arising out of Case Crime No.257 of 2020, under Sections 420, 406 ,323, 504, 506 I.P.C. and Section 3(2)(va) SC/ST Act, Police Station- Gabhana, District- Aligarh, pending inn the court of Additional District Judge (SC/ST), Aligarh, on the basis of compromise.
On 25.10.2024, the following order was passed :-
"1. Heard learned counsel for the applicants, learned AGA for the State and perused the records. None appeared on behalf of opposite party no.2.
2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 CrPC praying to quash the entire proceedings of S.T. No.715/2023 (State v. Sonu @ Manish Kumar and others), under Sections 406, 420, 467, 468, 506 IPC and Section 3(2)(va) and 3(2)(V) of SC/ST Act, Police Station- Gabhana, District- Aligarh, arising out of Case Crime No. 257 of 2020, under Sections 420, 406, 323, 504 and 506 IPC and Sections 3(2)(va) of SC/ST Act, Police Station- Gabhana, District- Aligarh, pending in the Court of Additional District Judge, (SC/ST) Act, Aligarh, on the basis of the compromise arrived at between the parties.
3. It is submitted that during pendency of the instant application, both the parties have amicably settled their dispute out of the Court and inked compromise dated 11.06.2024 which has been filed before the court below. Certified copy of the said compromise is annexed as Annexure-1 to this application. It is next submitted that in changed scenario, no dispute remains between the parties and they have buried the hatchet and at present, there is no grudge against each other, therefore, to observe peace and tranquility between them, instant criminal proceedings may be decided on the basis of the compromise.
4. In this conspectus, as above, both the parties are hereby directed to appear before the court concerned on 18/19.11.2024 for verification of the compromise. Learned court concerned, before whom aforesaid compromise application dated 11.06.2024 has been filed, shall verify the same in presence of both the parties after recording their statements and submit compromise verification report before this Court within a period of one month from the date of appearance of the parties.
5. List this matter on 10.01.2025 along with the compromise verification report submitted/sent by the Trial Court, if any.
6. On the next date fixed, opposite party no.2 shall appear through his counsel and put his version, if any.
7. Until further order(s) of this Court, further proceedings arising out of Case Crime No. 257 of 2020 shall remain stayed."
In compliance of the aforesaid order dated 25.10.2024, compromise verification report from learned Special Judge (S.C./S.T.)/Additional District and Session Judge, Aligarh is placed on record as is evident from office report dated 09.01.2025. The letter of learned Additional District and Session Judge, Aligarh dated 09.12.2024 is placed on record along with order dated 09.12.2024 passed by learned Special Judge (S.C./S.T.)/Additional District and Session Judge, Aligarh verifying the compromise in the presence of both the parties along with their respective counsels.The order also speaks about death of the informant, however, the other family members have entered into compromise with the applicants and have stated so in the statements as recorded before the concerned Additional District and Session Judge prior to passing the order dated 09.12.2024.
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.
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.
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,
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.
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.
Accordingly, the entire proceeding of S.T. No.715/2023 (State vs. Sonu @ Manish Kumar and Others), under Sections 406, 420, 467, 468, 506 I.P.C. and Sections 3(2)(va) & 3(2)(v) SC/ST Act, Police Station- Gabhana, District- Aligarh, arising out of Case Crime No.257 of 2020, under Sections 420, 406 ,323, 504, 506 I.P.C. and Section 3(2)(va) SC/ST Act, Police Station- Gabhana, District- Aligarh, on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
As per the practice, number of frivolous cases are being filed under the special act and after receiving compensation, the parties enter into compromise by taking money from the alleged accused persons whom they have falsely implicated. The Court cannot entertain such practice. Thus, it is very clear that the concerned District Magistrate shall take appropriate action in case the compensation amount is not deposited and place the report before the Registrar General, The High Court Of Judicature At Allahabad, Allahabad.
The Registrar (Compliance) shall look into the compliance of the aforesaid order.
In case the verification has been done by playing fraud, the opposite party no.2 has liberty to approach this Court by filing fresh application.
A copy of this order be sent to the lower court forthwith.
Order Date :- 17.3.2025
Kalp Nath Singh
