Allahabad High Court
Subhash And 3 Others vs State Of U.P. And Another on 29 May, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:93105
Court No. - 52
Case :- APPLICATION U/S 482 No. - 35908 of 2023
Applicant :- Subhash And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Bhuvnesh Kumar Singh
Counsel for Opposite Party :- Abhishek Tiwari,G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Supplementary affidavit filed by learned counsel for the applicants today in the Court, is taken on record. Office is directed to register the same.
2. Heard Mr. Bhuvnesh Kumar Singh, learned counsel for the applicants, Ms. Bhavna Mishra, Advocate holding brief of Mr. Abhishek Tiwari, learned counsel for the opposite party no.2, Mr. Mayank Awasthi, learned counsel for the State and perused the records.
3. The present application has been filed for quashing the charge sheet dated 26.08.2020 and cognizance order dated 03.12.2020 as well as the entire proceedings of Case No.4177 of 2020 (State vs. Priyankit and others), arising out of Case Crime No.377 of 2020, under Sections 452, 323, 504, 506, 325, 308 IPC, Police Station-Chandpur, District-Bijnor, pending before the court of Chief Judicial Magistrate, Bijnor on the basis of compromise.
4. Earlier on 25.07.2024, the following order was passed:-
"Supplementary affidavit filed today is taken on record.
Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 452, 323, 504, 506, 325, 308 of I.P.C. on the basis of compromise dated 26.07.2023.
Office is directed to send original compromise to court concerned for verification immediately after retaining a photocopy of the same.
Both the parties are directed to appear before the court concerned within three weeks from today.
Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of compromise.
List this case on 27.8.2024.
Till the next date of listing, further proceedings of Case No. 4177 of 2020 (State vs. Priyankit and others), arising out of Case Crime No. 377 of 2020, under Sections 452, 323, 504, 506, 325, 308 of I.P.C., P.S. Chandpur, District Bijnor, pending in the court of C.J.M., Bijnor, shall remain stayed against the applicants."
5. 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 27.09.2024. A letter of the A.C.J.M., Bijnor dated 27.08.2024 has been placed alongwith a copy of order dated 27.08.2024 vide which compromise has been verified in the presence of the parties alongwith their respective counsels.
6. 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.
7. 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.
8. 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,
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. 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 charge sheet dated 26.08.2020 and cognizance order dated 03.12.2020 as well as the entire proceedings of Case No.4177 of 2020 (State vs. Priyankit and others), arising out of Case Crime No.377 of 2020, under Sections 452, 323, 504, 506, 325, 308 IPC, Police Station-Chandpur, District-Bijnor, pending before the court of Chief Judicial Magistrate, Bijnor is hereby quashed.
12. The application is, accordingly, allowed. There shall be no order as to costs.
13. It is always open to the parties to approach before this Court in case verification has been done by playing fraud.
14. A copy of this order be sent to the lower court forthwith.
Order Date :- 29.5.2025
Jitendra/-
