Allahabad High Court
Kuldeep Tulsija 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:77432
Court No. - 52
Case :- APPLICATION U/S 482 No. - 27673 of 2021
Applicant :- Kuldeep Tulsija And 3 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Ajay Dubey,Ajay Tripathi,Gauri Dubey,Gautam Dubey
Counsel for Opposite Party :- G.A.,Kiran Tiwari,Mahesh Chandra Tiwari,Prabhat Kumar Tiwari
Hon'ble Mrs. Manju Rani Chauhan,J.
1. List revised. None appears on behalf of opposite party no.2.
2. Heard Mr. Ajay Dubey, learned counsel for the applicants, Mr. Pramod Kumar Singh, learned A.G.A. for the State and perused the record.
3. The present 482 Cr.P.C. application has been filed with the prayer to quash the order dated 09.04.2021 passed by Judicial Magistrate, Court No.1, Agra, arising out of Case Crime No.464 of 2020 (State Vs. Kuldeep and others), under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station- Jagdishpura, District- Agra, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Agra, on the basis of compromise dated 07.01.2025.
4. On 06.12.2024, the following order was passed:-
"1. Heard learned counsel for the applicants, learned counsel for the O.P. No.2 as well as learned A.G.A. for the State.
2. Learned counsel for the applicants states that he has filed stay extension application on 21.10.2024, however, same is not on record. Office is directed to trace out the same and place it on record.
3. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the summoning order dated 09.04.2021 passed by learned Judicial Magistrate, Court No.1, Agra in Crime No. 464 of 2020 (State Vs. Kuldeep and Others) u/s 498-A, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Jagdishpura, District- Agra.
4. It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed.
5. Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, in case matter is referred before the court below for verification of compromise. It is further submitted that opposite party no. 2 is no more inclined to prosecute the criminal proceeding against the applicant. Therefore, instant application may be allowed and criminal proceedings against the applicants may be quashed.
6. Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise.
7. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 06.01.2025/07.01.2025 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed.
8. List this matter on 11.03.2025, along with compromise verification report submitted by the court concerned, if any.
9. Interim order, if any, is extended till the next date of listing."
5. In compliance of the aforesaid order dated 06.12.2024, compromise verification report has been received from the Additional Chief Judicial Magistrate, Court No.1, Agra as is evident from the office report dated 12.05.2025. The letter of Additional Chief Judicial Magistrate, Court No.1, Agra dated 17.01.2025 is placed along with the order dated 17.01.2025, by which compromise between the parties has been verified.
6. 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.
7. Learned A.G.A. for the State also accepts that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, he has no objection, if the proceedings in the aforesaid case are quashed.
8. 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,
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 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.
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 order dated 09.04.2021 passed by Judicial Magistrate, Court No.1, Agra, arising out of Case Crime No.464 of 2020 (State Vs. Kuldeep and others), under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station- Jagdishpura, District- Agra, on the basis of compromise, are hereby quashed.
12. The application is, accordingly, allowed. There shall be no order as to costs.
13. A copy of this order be sent to the lower court forthwith.
Order Date :- 12.5.2025
CS/-
