Smt. Radhika Devi and another v. State of U.P. and another). The same was disposed of finally
Case Details
Court No. - 77 Case :- APPLICATION U/S 482 No. - 21064 of 2024 Applicant :- Smt Radhika Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Legal Reasoning
Heard Mr. Deepak Kumar Tripathi, the learned counsel for applicants and the learned A.G.A. for State. Perused the record. Applicant Smt. Radhika Devi and Kiran Yadav, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr. P. C. with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the entire proceedings of Case No. 2292 of 2011 State Versus Radhika Devi) arising out of Case Crime No. 201 of 2011 Under sections 323, 324, 504, 506 I.P.C., Police Station Kotwali Khalilabad, District Sant Kabir Nagar pending before the Court of Chief Judicial Magistrate, District Sant Kabir Nagar on the basis of compromise dated 19.05.2022. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Case No. 2292 of 2011 Staté Versus Radhika Devi) arising out of Case Crime No. 201 of 2011 Under sections 323, 324, 504, 506 I.P.C., Police Station Kotwali Khalilabad, District Sant Kabir Nagar pending before the Court of Chief Judicial Magistrate, District Sant Kabir Nagar during the pendency of the present application before this Hon'ble Court and/or may pass such other and further order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." Learned counsel for applicants submits that during the pendency of above mentioned criminal case, parties amicably settled their dispute outside the Court. On the basis of settlement so arrived at between the parties, a compromise was entered into by the parties. Subsequently, on the basis of the compromise entered into by the parties, an application dated 19.5.2022 was filed before Court below to terminate the proceedings of above mentioned criminal case on the basis of compromise entered into by the parties. At this juncture, the applicants approached this Court by means of an application under Section 482 Cr. P. C. No. 30073 of 2023 (Smt. Radhika Devi and another Vs. State of U.P. and another). The same was disposed of finally, vide order dated 24.8.2023. For ready reference, same is reproduced herein below:- "1. Heard learned counsel for the applicants and learned A.G.A. for the State 2. The applicants have preferred the present Application under Section 482 of Code of Criminal Procedure, 1973 with the prayer to quash the entire proceeding of Case No.2292 of 2011 (State Vs. Radhika Devi) arising out of Case Crime No.201 of 2011 under Sections 323, 324, 504 & 506 I.P.C. Police Station- Kotwali Khalilabad, District-Sant Kabir Nagar pending in the Court of Chief Judicial Magistrate, District Sant Kabir Nagar. 3. It is submitted by learned counsel for the applicants that the parties have already entered into compromise on 19.05.2022 copy of which is appended as Annexure No.3 (page 26-31 of the paper-book) to the affidavit and in view of the compromise, the opposite party does not want to proceed with the case. 4. Accordingly, the parties are directed to appear before the court below and filed certified copy of the compromise deed dated 19.05.2022, if already not filed, along with certified copy of this order and move an application for verification of the aforesaid compromise within a period of 15 days from today before the Court concerned. If such an application along with compromise deed will be filed within stipulated period, the court below is directed to verify the contents of the aforesaid compromise and after verifying the same, obtained the signatures of the parties to the aforesaid compromise and both the parties put their signatures and made statement that they were entered into the compromise voluntarily. 5. In case, the Court concerned finds that the parties have entered into the compromise voluntarily and they do not want to proceed with the matter, the Court below will pass appropriate orders in the matter.
Decision
6. With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed off." In compliance of above order dated 24.8.2023, parties appeared before Court below for verification of the compromise so entered into by them. The same was verified by Court below, vide order dated 9.12.2024. On the above premise, the learned counsel for applicants submits that even though parties have entered into a compromise which has been acted upon by the parties and verified by Court below yet the proceedings of aforementioned criminal case have not been terminated by Court below on the basis of the same. Per contra, the learned A.G.A. contends that since the some of the charging Sections are cognizable and non-bailable, therefore, the proceedings of aforementioned criminal case could not be terminated by Court below on the basis of compromise entered into by the parties in view of the bar contained in Section 320 Cr. P. C. Be that as it may, the crux of the matter that the parties have entered into a compromise, which has been acted upon and verified by Court below. The Apex Court in the case of Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat, AIR 2017 SC 4843 has given detailed guidelines regarding compromise in criminal matters. The Bench has observed that parties can enter into compromise even in respect of cognizable and non-bailable offence but subject to certain restrictions. In view of above, matter requires consideration. Notice on behalf of opposite party 1 has been accepted by the learned A.G.A. Issue notice to opposite party 2. All the opposite parties may file their respective counter affidavits on or before the date fixed in the notice. List for admission on the date fixed in the notice. Considering the facts and circumstances of the case and also the submissions urged by the learned counsel for applicants as noted herein above, as an interim measure, it is, hereby, provided that until further orders of this Court, no coercive action shall be taken against the applicants by the Court below in Case No. 2292 of 2011 Staté Versus Radhika Devi) arising out of Case Crime No. 201 of 2011, under sections 323, 324, 504, 506 I.P.C., Police Station Kotwali Khalilabad, District Sant Kabir Nagar now pending in the Court of Chief Judicial Magistrate, District Sant Kabir Nagar. Order Date :- 19.9.2024/HSM