Allahabad High Court
Shekhar Bansal And 3 Others vs State Of U.P. And Another on 12 May, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:77260
Court No. - 52
Case :- APPLICATION U/S 482 No. - 17847 of 2023
Applicant :- Shekhar Bansal And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Surendra Kumar Tripathi
Counsel for Opposite Party :- Akhil Srivastava,G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Surendra Kumar Tripathi, learned counsel for the applicants, Mr. Mahendra Tripathi, Advocate, holding brief of Sri Akhil Srivastava, learned counsel for opposite party no.2, Mr. P.K. Singh, learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed with the prayer to quash the entire proceedings of Case No.2235 of 2011 (State Vs. Shekhar Bansal and others), arising out of Case Crime No.23 of 2005, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Kotwali, District- Agra, pending in the court of Special Chief Judicial Magistrate, Agra, on the basis of compromise dated 25.04.2023.
3. On 15.05.2023, the following order was passed:-
"1. List revised.
2. Heard Sri Surendra Kumar Tripathi, learned counsel for the applicants, Sri S.B. Maurya, learned State counsel and perused the record.
3. Learned counsel for the applicants argued that the parties have entered into compromise, copy of which is annexed as annexure no. 4 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.
4. Looking to the facts of the case, it is provided that the applicants shall file the said compromise within a period of two weeks from today before the court concerned who shall verify the same within three weeks thereafter and send his report to this Court.
5. List on 10.07.2023.
6. Till the next date of listing, no coercive action shall be taken against the applicants Shekhar Bansal, Girraj Kishor, Smt. Meena Devi and Smt. Shabina in Case No. 2235 of 2011 (State Vs. Shekhar Bansal and others) arising out of Case Crime No. 23 of 2005, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act,P.S. Kotwali, District Agra, pending in the court of Special Chief Judicial Magistrate, Agra."
4. In compliance of the aforesaid order dated 15.05.2023, a compromise verification report from Civil Judge (Junior Division), Court No.5, Agra is kept on record as is evident from the office report dated 10.07.2023. The letter of Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No.5, Agra dated 03.06.2023 is placed along with the order dated 30.05.2023, by which compromise between the parties 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 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.
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 proceedings of Case No.2235 of 2011 (State Vs. Shekhar Bansal and others), arising out of Case Crime No.23 of 2005, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Kotwali, District- Agra, on the basis of compromise, are hereby quashed.
11. The application is, accordingly, allowed. There shall be no order as to costs.
12. A copy of this order be sent to the lower court forthwith.
Order Date :- 12.5.2025
CS/-
