High Court
Case Details
Neutral Citation No. - 2024:AHC:166658 Court No. - 73 Case :- APPLICATION U/S 482 No. - 20403 of 2024 Applicant :- Ravi Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nand Lal Singh,Prem Shankar Pandey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
1. Heard Mr. Nand Lal Singh, learned counsel for the applicants, Mrs. Kirti Singh, learned AGA for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No.46/2021 (CNR No.UPCh120001622021) (State vs. Ravi Singh and others), arising out of Case Crime No.69/2020, under Sections 498A, 323, 504, 506 IPC, Police Station-Bargarh, District-Chitrakoot, pending before the court of Judicial Magistrate, Mau, Chitrakoot on the basis of compromise. 3. Earlier the applicants had approached before this Court by means of filing Application U/s 482 Cr.P.C. No.41342 of 2023 (Ravi Singh and 4 Ors. vs. State of U.P. and another), wherein on 8.11.2023, 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. 46 of 2021 (CNR No UPCH 120001622021) (State vs. Ravi Singh and others) arising out of Case Crime No. 69 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Bargarh, District Chitrakoot, pending in the court of Judicial Magistrate, Mau, Chitrakoot 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. 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 and move an application for compromise 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 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, compromise has been verified vide order dated 28.03.2024 after recording statements of opposite party no.2-Khushbu as well as applicant no.1-Ravi Singh. Certified copy of the order dated 28.03.2024 has been appended as Annexure no.5 of this application. 5. Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court. 6. 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. 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, 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 entire proceedings of Criminal Case No.46/2021 (CNR No.UPCh120001622021) (State vs. Ravi Singh and others), arising out of Case Crime No.69/2020, under Sections 498A, 323, 504, 506 IPC, Police Station-Bargarh, District- Chitrakoot, pending before the court of Judicial Magistrate, Mau, Chitrakoot is hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. 12. It is always open to the parties to approach before this Court in case verification has been done by playing fraud. 13. A copy of this order be sent to the lower court forthwith. Order Date :- 16.10.2024 Jitendra/-