High Court
Case Details
Neutral Citation No. - 2024:AHC:136967 Court No. - 75 Case :- APPLICATION U/S 482 No. - 15813 of 2024 Applicant :- Afsar Ali And 2 Others Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Supplementary Affidavit, filed today, is taken on record.
Legal Reasoning
2. Heard Sri Vinod Singh, learned counsel for the applicants, Sri Mr. Amit Singh Chauhan, learned AGA-I for the State, Sri J.K. Dwivedi, learned Advocate holding brief of Sri Rajendra Prasad who has filed vakalatnama on behalf of opposite party nos. 2 & 3 and perused the record. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants - (1) Afsar Ali, (2) Akhtar Ali and (3) Smt. Shahjahan for quashing the proceedings of Special Case No. 42 of 2018, State v. Afsar Ali & others, arising out of Case Crime No. 233 of 2013, under Sections 323, 447, 504, 506 IPC and Section 3(1)X SC/ST Act, Police Station Swar, District Rampur, on the basis of compromise. 4. Earlier, the applicants preferred Application U/s 482 No. 30418 of 2023, wherein a Coordinate Bench of this Court has passed the following order on 06.9.2023: "1. Heard learned counsel for the applicants, Shri Rajendra Prasad, learned counsel for the opposite party no.2 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/ stay the entire proceedings of Special Case No. 42 of 2018 (State Vs. Afsar Ali & others) arising out of Case Crime No. 233 of 2013, under Sections 323, 447, 504, 506 I.P.C. & Section 3(1) SC/ST Act, P.S. Swar, District Rampur pending in the court of Special Judge SC/ST Act, Rampur in pursuance of compromise dated 24.06.2023 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 24.06.2023 has been annexed as Annexure 5 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." 5. In compliance of the aforesaid order, compromise between the parties has been verified vide order of the Special Additional Sessions Judge, SC/ST (P.A.) Act, Rampur dated 19.09.2023. Copy of the said order is on the record at Page-48 of the petition. Learned counsel for the applicants further submits that the opposite party no. 2 has not received any compensation amount, the same has been averred in paragraph-2 of the supplementary affidavit, filed today. 6. Learned A.G.A. for the State and learned counsel appearing for the informant submit 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, the proceedings quashing the proceedings of Special Case No. 42 of 2018, State v. Afsar Ali & others, arising out of Case Crime No. 233 of 2013, under Sections 323, 447, 504, 506 IPC and Section 3(1)X SC/ST Act, Police Station Swar, District Rampur, are hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. 12. It is observed that the District Magistrate, Rampur shall verify as to whether the opposite party no. 2 has received any compensation or not, and in case the compensation amount is found to have been received by the opposite party no. 2 and not returned, the District Magistrate shall proceed to recover the same in accordance with law. 13. Registrar Compliance shall look into compliance of this order. 14. It is always open to the parties to approach before this Court in case verification has been done by playing fraud. Order Date :- 27.8.2024 DS