Allahabad High Court
Jugal Kishore And 3 Others vs State Of U.P. And Another on 20 March, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:41578
Court No. - 52
Case :- APPLICATION U/S 482 No. - 16553 of 2023
Applicant :- Jugal Kishore And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Chandra Bhushan Yadav,Krishna Pratap Yadav
Counsel for Opposite Party :- G.A.,Shobhit Pratap Singh
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Krishna Pratap Yadav, learned counsel for the applicants, Mr. Shobhit Pratap Singh, learned counsel for the opposite party no.2, Mr. Amit Singh Chauhan, learned AGA-I 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 08.07.2019 and the entire proceedings of Case No.122 of 2019 (State vs. Jugal Kishore), arising out of Case Crime No.122 of 2019, under Sections 323, 324, 506, 308 IPC, Police Station-Dhanari, District-Sambhal, pending before the court of Civil Judge (J.D.)/Judicial Magistrate, Sambhal at Chandausi on the basis of compromise.
3. Earlier on 12.05.2023, the following order was passed:-
"Learned counsel for the applicants is present. He has submitted before the Court that the parties have arrived at a compromise. The attention of the Court is drawn towards the page 39 of the paper book, whereby the parties appear to have entered into a compromise.
The dispute is personal. The compromise between the parties would not affect the society adversely. As some of the sections involved are non compoundable, hence, the parties are directed to appear before the trial court within 15 days from today alongwith their compromise deed. If the parties appear before the trial court within the time stipulated, the trial court shall verify the said compromise deed, pass a verification order thereon and transmit the certified copy of the verified compromise deed alongwith the certified copy of the verification order passed thereon, to this Court within 15 days thereafter.
List on 11.07.2023.
Till then, no coercive action shall be taken against the applicants in Case No.122 of 2019 (State Vs. Jugal Kishore) arising out of Case Crime No.122 of 2019, under Sections 323, 324, 506, 308 I.P.C., P.S.- Dhanari, District- Sambhal, pending in the court of Civil Judge (J.D.)/ Judicial Magistrate, Sambhal at Chandausi."
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 15.09.2023. A letter of the Civil Judge (J.D.)/Judicial Magistrate, Sambhal at Chandausi dated 18.07.2023 has been placed alongwith certified copy of order dated 18.07.2023 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 does 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 08.07.2019 and the entire proceedings of Case No.122 of 2019 (State vs. Jugal Kishore), arising out of Case Crime No.122 of 2019, under Sections 323, 324, 506, 308 IPC, Police Station-Dhanari, District-Sambhal, pending before the court of Civil Judge (J.D.)/Judicial Magistrate, Sambhal at Chandausi 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 :- 20.3.2025
Jitendra/-
