High Court
Case Details
Neutral Citation No. - 2024:AHC:110206 Court No. - 75 Case :- APPLICATION U/S 482 No. - 9104 of 2024
Legal Reasoning
Applicant :- Sitaram Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Sinha,Vikram Singh Shrivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. List revised. None appeared on behalf of the applicant to press this case. Mr. Amit Singh Chauhan, learned AGA-I for the State is present. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no.01/2023 dated 19.04.2023 and order dated 24.05.2023 as well as the entire proceedings of Criminal Case no.297/2023, arising out of Case Crime No.41/2023 (State vs. Sitaram Kushwaha) under Sections 323, 504, 506 IPC & Section 3(1)(r) and Section 3(1)(s) of SC/ST Act, Police Station Narahat, District-Lalitpur, pending before the Court of Special Judge, SC/ST Act, Lalitpur on the basis of compromise. 3. Earlier, the applicants have approached before this Court by means of filing an application U/s 482 Cr.P.C. bearing No.45887 of 2023 wherein the following order was passed:- "1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of Case No. 297 of 2023 arising out of Case Crime No. 41 of 2023 (State vs. Sitaram Kushwaha), under Sections 323, 504, 506 I.P.C. & Section 3(1)(r) and Section (1)(s) SC/ST Act, P.S. Narahat, pending in the court of Special Judge SC/ST Act, Lalitpur and charge-sheet dated 19.04.2023 and order dated 24.05.2023 in pursuance of compromise arrived at in between the parties. 3. Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, copy of compromise has been annexed as Annexure 3 to this affidavit. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law. 4. Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. 5. In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within three weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the parties preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? 6. The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 7. For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case.
Decision
8. With the aforesaid directions, this application is finally disposed of." 4. In compliance of the aforesaid order, the compromise between the parties has been verified vide order dated 24.01.2024 in the presence of the parties alongwith their respective counsels. Certified copy of the order dated 24.01.2024 has been annexed as Annexure No.5 to this application affidavit. 5. On 01.04.2024, the following order was passed in this application:- "Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 482 Cr.P.C has been filed to quash the order dated 24.05.2023 passed by Special Judge, SC/ST Act, Lalitpur and entire criminal proceedings in Criminal Case No.297/2023, (Case Crime No.41/2023), State vs. Sitaram Kushwaha, under Section 3(1)(s) of SC/ST Act, P.S. Narahat, pending in the Court of Special Judge, SC/ST Act, Lalitpur on the basis of compromise between the parties Learned counsel for the applicant submits that the parties have amicably settled their disputes and entered into a compromise on 22.11.2023 which has been placed as Annexure No.4 to the present application. In compliance of the order passed by co-ordinate Bench of this Court in Application under Section 482 Cr.P.C. No.45887 of 2023, compromise has been verified by the learned Special Judge, SC/ST Act/Additional Session Judge, Lalitpur, which has also been placed as Annexure-5 to the present application. A report be called from the District Magistrate, Lalitpur whether any compensation was paid to the opposite party no. 2/victim and the said amount has been returned back to the authority concerned or not. Issue notice to the opposite party no. 2, returnable at an early date. List this case, as fresh on 23.04.2024 alongwith the Compensation Report. Till the next date of listing, no coercive measures shall be taken against the applicant under the aforesaid case crime." 6. In compliance of the aforesaid order, the compensation report has been filed by the concerned District Magistrate, which goes to show that the opposite party no.2 has received compensation. 7. Learned A.G.A. for the State 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. 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 no.01/2023 dated 19.04.2023 and order dated 24.05.2023 as well as the entire proceedings of Criminal Case no.297/2023, arising out of Case Crime No.41/2023 (State vs. Sitaram Kushwaha) under Sections 323, 504, 506 IPC & Section 3(1)(r) and Section 3(1)(s) of SC/ST Act, Police Station Narahat, District-Lalitpur, pending before the Court of Special Judge, SC/ST Act, Lalitpur is hereby quashed. 12. The application is, accordingly, allowed. There shall be no order as to costs. 13. It is directed that in case the compensation amount is not returned by the opposite party no.2, the concerned District Magistrate is directed to proceed against the opposite party no.2 in accordance with law. 14. Registrar Compliance as well as Mr. A.K. Sand, learned Government Advocate shall look into compliance of this order. 15. Mr. Amit Singh Chauhan, learned AGA-I shall inform about this order to learned Government Advocate. 16. It is always open to the parties to approach before this Court in case verification has been done by playing fraud. Order Date :- 8.7.2024 Jitendra/-