High Court
Case Details
Neutral Citation No. - 2024:AHC:130259 Court No. - 75 Case :- APPLICATION U/S 482 No. - 9302 of 2024 Applicant :- Sohab Alias Shoeb Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kaushlendra Singh Counsel for Opposite Party :- G.A.,Rashmi Singh Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
1. Heard Sri Kaushlendra Singh, learned counsel for the applicant, Sri Rizwan Ahmad, learned AGA for the State, Sri Rashmi Singh, learned counsel for the informant, and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Case No. 48 of 2023, State v. Sohab @ Shoeb, arising out of Case Crime No. 361 of 2021, under Sections 323, 504 IPC and under Section 3(1)Da of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Tirwa, District Kannauj pending in the Court of Juvenile Justice Boad, Kannauj on the basis of compromise arrived at between the parties. 3. Initially on 21.03.2024 following order was passed: "1. Heard Sri Kaushlendra Singh, learned counsel for the applicant, Sri Shashidhar Pandey, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the the entire criminal proceedings of Criminal Case No.48 of 2023 (State vs. Sohab @ Shoeb), arising out of Case Crime No.361 of 2021, under Sections 323, 504 IPC, and Sections 3 (1) Da of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Tirwa, District Kannauj, pending in the Court of Juvenile Justice Board, District Kannauj on the basis of compromise. 3. It is submitted by learned counsel for the applicant that the parties have amicably settled their dispute outside the Court and the opposite party no.2 does not want to prosecute the applicant. The compromise has taken place between them on 12.02.2024 and the compromise deed has been annexed as Annexure-14 to the affidavit filed in support of the application. 4. Learned A.G.A. and learned counsel appearing for the opposite party no.2 do not dispute the aforesaid facts. 5. In view of above facts, the parties shall file an application along with the compromise deed and appear before the Court concerned for verification of the compromise in the First Week of April, 2024. On receiving the said application, the Court below shall take steps for verification of the compromise and shall prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file. 6. Put up this matter as fresh on 26.04.2024 along with report of Court below. 7. Meanwhile, no coercive action shall be taken against the applicant, in the aforesaid case, till the next date of listing." 4. In compliance of the aforesaid order, the report of Principal Magistrate, Juvenile Justice Board, Kannauj was placed on record, therefore, on 26.07.2024 following order was passed by this Court: "1. Heard Mr. Kaushlendra Singh, learned counsel for the applicant, Mr. Ram Govind, Advocate holding brief of Ms. Rashmi Singh, learned counsel for the opposite party no.2 and learned AGA for the State. 2. Earlier on 21.03.2024, the following order was passed:- "1. Heard Sri Kaushlendra Singh, learned counsel for the applicant, Sri Shashidhar Pandey, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the the entire criminal proceedings of Criminal Case No.48 of 2023 (State vs. Sohab @ Shoeb), arising out of Case Crime No.361 of 2021, under Sections 323, 504 IPC, and Sections 3 (1) Da of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Tirwa, District Kannauj, pending in the Court of Juvenile Justice Board, District Kannauj on the basis of compromise. 3. It is submitted by learned counsel for the applicant that the parties have amicably settled their dispute outside the Court and the opposite party no.2 does not want to prosecute the applicant. The compromise has taken place between them on 12.02.2024 and the compromise deed has been annexed as Annexure-14 to the affidavit filed in support of the application. 4. Learned A.G.A. and learned counsel appearing for the opposite party no.2 do not dispute the aforesaid facts. 5. In view of above facts, the parties shall file an application along with the compromise deed and appear before the Court concerned for verification of the compromise in the First Week of April, 2024. On receiving the said application, the Court below shall take steps for verification of the compromise and shall prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file. 6. Put up this matter as fresh on 26.04.2024 along with report of Court below. 7. Meanwhile, no coercive action shall be taken against the applicant, in the aforesaid case, till the next date of listing." 3. In compliance of the aforesaid order, a report of Principal Magistrate Juvenile Justice Board, Jannauj has been placed on record as is evident from the office report dated 09.07.2024. The letter of Principal Magistrate Juvenile Justice Board, Jannauj dated 01.7.2024 has been placed alongwith copy of compromise deed mentioning therein that compromise has been verified. 4. However, order verifying the compromise deed has not been placed on record. 5. The concerned court is directed to place the order verifying the compromise between the parties by the next date fixed. 6. Put up this case on 12.08.2024, as fresh, alongwith order vide which compromise has been verified. 7. Registrar compliance shall ensure the compliance of this order. 8. Interim order, if any, is extended till the next date of listing.” 5. In compliance of the aforesaid order, a letter of Principal Magistrate, Juvenile Justice Board, Kannauj dated 09.08.2024 has been placed along with compromise deed as well as order dated 03.05.2024, vide which compromise arrived at between the parties has been verified. 6. Learned A.G.A. for the State and learned counsel for the informant 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. 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, and 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, entire proceedings of Criminal Case No. 48 of 2023, State v. Sohab @ Shoeb, arising out of Case Crime No. 361 of 2021, under Sections 323, 504 IPC and under Section 3(1)Da of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Tirwa, District Kannauj pending in the Court of Juvenile Justice Boad, Kannauj, are hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. 12. This Court directs that in case compensation has been received by opposite party no.2, the same may be returned, however, if the same is not returned, it is open to the District Magistrate to proceed in accordance with law against opposite party no.2. Order Date :- 12.8.2024 DS