Pan Singh v. Govind Kumar and others), pending in the Court of Additional Di
Case Details
Neutral Citation No. - 2024:AHC:122740 Court No. - 75 Case :- APPLICATION U/S 482 No. - 20755 of 2024 Applicant :- Govind Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- Awadhesh Tiwari,G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
1. Heard Mr. Manoj Yadav, learned counsel for the applicants, Mr. Awadhesh Tiwari, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Special Session Trial No.513 of 2024 (State vs. Govind Kumar and others), under Sections 504, 506 I.P.C and Sections 3(1)da, Dha SC/ST Act, Police Station-Faizganj Behta, District-Badaun arising out of Complaint Case/Criminal Misc. Case no.08/2024 (Pan Singh vs. Govind Kumar and others), pending in the Court of Additional District and Session Judge/Special Judge S.C./S.T. (P.A.) Act, Badaun in pursuance of compromise deed dated 15.05.2024. 3. On 01.07.2024, the following order was passed:- "1. Mr. Awadhesh Tiwari, Advocate appearing on behalf of opposite party no.2 has filed short counter affidavit as well as vakalatnama in the Court today, which are taken on record. 2. Heard Mr. Manoj Yadav, learned counsel for the applicants, Mr. Awadhesh Tiwari, learned counsel for the opposite party no.2 and Mr. Mayank Awasthi, learned AGA for the State. 3. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Special Session Trial No.513 of 2024 (State vs. Govind Kumar and others) under Section 504, 506 I.P.C and 3(1)da, Dha SC/ST Act, Police Station-Faizganj Behta, District-Badaun arising out of Complaint Case/Criminal Misc. Case no.08/2024 (Pan Singh vs. Govind Kumar and others) pending in the Court of Additional District and Session Judge/Special Judge S.C./S.T. (P.A.) Act, Badaun in pursuance of compromise deed dated 15.05.2024. 4. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties, certified copy of the compromise/mutual deed dated 15.05.2024 has been annexed as Annexure no.3 to this application. Therefore, continuance of proceedings against the applicants would futile exercise and wastage of time of the Court and will be abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. 5. Learned AGA as well as learned counsel for opposite party no.2 also does not dispute the correctness of the submissions made by the learned counsel for the applicants. 6. Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it. 7. In view of the above, both the parties are directed to appear before the court below along with copy of compromise deed as well as a certified copy of this order within a week from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of one month from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? 8. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court. 9. Put up this case after four weeks i.e. on 30.07.2024, as fresh at 02:00PM. 10. Till then, no coercive measure shall be taken against the applicants in the aforesaid case." 4. In compliance of the aforesaid order dated 01.07.2024, compromise verification report from learned Special Judge, SC/ST Act, Budaun is placed on record as is evident from office report dated 29.07.2024. The letter of Special Judge, SC/ST Act, Budaun dated 10.07.2024 has been placed along with order dated 10.07.2024 vide which compromise has been verified between the parties. 5. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court. 6. Learned A.G.A. for the State as well as learned counsel for the opposite party no.2 also accepts that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, he has no objection, if the proceedings in the aforesaid case are quashed. 7. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). 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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 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 of Special Session Trial No.513 of 2024 (State vs. Govind Kumar and others) under Section 504, 506 I.P.C and 3(1)da, Dha SC/ST Act, Police Station-Faizganj Behta, District-Badaun arising out of Complaint Case/Criminal Misc. Case no.08/2024 (Pan Singh vs. Govind Kumar and others) pending in the Court of Additional District and Session Judge/Special Judge S.C./S.T. (P.A.) Act, Badaun in pursuance of compromise deed dated 15.05.2024, are hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. Order Date :- 30.7.2024 Rahul.