Ram Prakash Rathore v. State of U.P. and Another). The said application was disposed o
Case Details
Neutral Citation No. - 2024:AHC:135948 Court No. - 77 Case :- APPLICATION U/S 482 No. - 13647 of 2024 Applicant :- Ram Prakash Alias Ram Prakash Rathore Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshu Mishra Counsel for Opposite Party :- G.A.,Vipul Raj Gautam Hon'ble Rajeev Misra,J.
Legal Reasoning
Heard Mr. Himanshu Mishra, the learned counsel for applicant, the learned A.G.A. for State-opposite party 1 and Mr. Vipul Raj Gautam, the learned counsel representing opposite party 2. Perused the record. Applicant-Ram Prakash Alias Ram Prakash Rathore, who is a charge-sheeted accused, has approached this Court by means of present application under Section 482 CrPC with the following relief : "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding of Criminal Case No.9132 of 2020 (State Vs. Ram Prakash Rathore), arising out of Case Crime No.377 of 2018, under sections 420, 467, 468, 471, 447, 448 I.P.C., Police station Etmadpur, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court no.4, Agra, in view of the compromise took place between the parties out of the Court, so that justice be done, otherwise accused applicants will suffer irreparable loss and hard injury, which cannot be compensated in any terms. It is further prayed that Hon'ble Court may kindly be pleased to stay the further proceeding of Criminal Case No.9132 of 2020 (State Vs. Ram Prakash Rathore), arising out of Case Crime No.377 of 2018, under sections 420, 467, 468, 471, 447, 448 I.P.C., Police station Etmadpur, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court no.4, Agra, during the pendency of the instant application (under Section 482 Cr.P.C.) before this Hon'ble Court, in view of the compromise took place between the parties out of the Court, so that justice be done, otherwise accused applicants will suffer irreparable loss and hard injury, which cannot be compensated in any terms." Applicant had earlier approached this Court by means of an application under Section 482 CrPC No.38782 of 2023 (Ram Prakash @ Ram Prakash Rathore Vs. State of U.P. and Another). The said application was disposed off finally vide order dated 18.10.2023. For ready reference, the same is reproduced herein-below :- "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. 9132 of 2020 (State of U.P. Vs. Ram Prakash) pursuant to FIR No. 0377 of 2018, under Sections 420, 467, 468, 471, 447, 448 I.P.C., P.S. Etmadpur, District Agra, pending in the court of Additional Chief Judicial Magistrate-II, Agra and charge-sheet dated 13.08.2020 and cognizance order as well as summoning order dated 09.11.2020 in pursuance of compromise dated 02.06.2023. 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 deed dated 02.06.2023 has been annexed as Annexure 7 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 two 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, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, 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." Subsequent to the above order dated 18.10.2023, an application/affidavit annexing therewith copy of the compromise dated 02.06.2023 entered into by the parties along with certified copy of the order dated 18.10.2023 passed by this Court in aforementioned application under Section 482 CrPC was filed by both the parties before court below for verification on 01.11.2023. On the said application/affidavit, court below fixed 22.11.2023 for verification of the said compromise. The said compromise was verified by court below on 22.11.2023. On the above conspectus, the learned counsel for applicant submits that the dispute between the parties is a purely civil dispute. The offence complained of is neither against the State nor the same falls under the category of heinous offence. Furthermore, once the parties have entered into a compromise which compromise has also been verified by the court below, no useful purpose shall be served in prolonging the criminal proceedings pending against applicant before court below. On the basis of above, he submits that present application is liable to be allowed. Per contra, the learned A.G.A. for State-opposite party 1 does not oppose this application. He submits that once the first informant-opposite party 2 has herself entered into a compromise with present applicant, there can be no objection to the prayer prayed for by means of present application. Mr. Vipul Raj Gautam, the learned counsel for first informant/opposite party 2, has adopted the arguments raised by the learned A.G.A. However, he contends that as per the instructions received by him the parties have duly compromised. Having heard the learned counsel for applicant, the learned A.G.A. for State, the learned counsel representing opposite party 2, upon perusal of record and considering the submissions urged by the learned counsel for the parties, this Court finds that no useful purpose shall be served in prolonging the criminal proceedings pending against applicant before court below. Once the parties have entered into a compromise, the chances of conviction of accused-applicant are now remote and bleak. In view of above, the present application succeeds and is liable to be allowed. It is, accordingly, allowed. The entire proceeding of Criminal Case No.9132 of 2020 (State Vs. Ram Prakash Rathore), arising out of Case Crime No.377 of 2018, under sections 420, 467, 468, 471, 447, 448 I.P.C., Police station Etmadpur, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court no.4, Agra, are hereby quashed. Order Date :- 23.8.2024. Rks.