High Court
Case Details
Neutral Citation No. - 2024:AHC:136322 Court No. - 75 Case :- APPLICATION U/S 482 No. - 23933 of 2024 Applicant :- Sanjay Verma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Tiwari Counsel for Opposite Party :- G.A.,Prayogendra Pal Singh Hon'ble Mrs. Manju Rani Chauhan,J. 1. Supplementary affidavit filed on behalf of the applicants, is taken on record.
Legal Reasoning
2. Mr. Vinay Kumar Tiwari, learned counsel for the applicants, Mr. Prayogendra Pal Singh, learned counsel for the opposite party no. 2 and Mr. Akhilesh Kumar Srivastava, learned counsel for the State, are present. 3. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Special Session Trial No. 1179 of 2023 (State Vs. Sanjay Verma and others) arising out of Case Crime No. 678 of 2022, under sections 147, 323, 352, 308, 427, 504, 506, 354Kha, 34, 307 IPC and Section 3(2)(v) SC/ST Act, P.S. Nandgram, District Ghaziabad, pending in the court of learned Special Judge (SC/ST Act) Ghaziabad on the basis of compromise dated 05.06.2024. 4. On 27.07.2024 the following order was passed:- "1. Heard Sri Vinay Kumar Tiwari, learned counsel for the applicants, learned AGA for the State, Sri Prayogendra Pal Singh, learned counsel for the opposite party no. 2, and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the proceedings of Special Sessions Trial No. 1179 of 2023, State v. Sanjay Verma and others, arising out of Case Crime No. 678 of 2022, under Sections 147, 323, 352, 308, 427, 504, 506, 354Kha, 34, 307 IPC and Section 3(2)(v) SC/ST Act, Police Station Nandgram, District Ghaziabad pending in the court of Special Judge (SC/ST Act), Ghaziabad on the basis of compromise dated 05.06.2024. 3. Learned counsel for the applicants submits that the parties have amicably settled their dispute and to that effect compromise deed has been filed before the court of Special Judge, SC/ST Act, Ghaziabad. Copy of said compromise deed has been annexed as Annexure no. 4 to the affidavit, therefore, continuance of proceedings against the applicants would be 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. 4. Learned AGA as well as learned counsel for opposite party no.2 also do not dispute the correctness of the submissions made by the learned counsel for the applicants. 5. 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. 6. In view of the above, parties are directed to appear before the court below along with copy of compromise deed and 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. 7. 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. 8. Put up this case on 22.08.2024, as fresh, at 02:00 p.m, along with the record of Application U/s 482 No. 23595 of 2024, showing the name Sri Prayogendra Pal Singh as counsel for the opposite party. 9. Till then, no coercive measure shall be taken against the applicants in the aforesaid case." 5. In compliance of the aforesaid order, the compromise between the parties has been verified as is evident from certified copy of the order dated 13.08.2024 which is annexed at page no. 6 of the supplementary affidavit filed by the counsel for the applicants. 6. Learned A.G.A. for the State and learned counsel for opposite party no.2 also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order dated 13.08.2024, they have 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: 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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) 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. 1179 of 2023 (State Vs. Sanjay Verma and others) arising out of Case Crime No. 678 of 2022, under sections 147, 323, 352, 308, 427, 504, 506, 354Kha, 34, 307 IPC and Section 3(2)(v) SC/ST Act, P.S. Nandgram, District Ghaziabad, pending in the court of learned Special Judge (SC/ST Act) Ghaziabad, are hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. 12. The District Magistrate, Ghaziabad is directed to verify as to whether opposite party no. 2 has been given any compensation and in case he has received the compensation, the same shall be recovered in accordance with law. 13. Registrar compliance shall look into the compliance of this order. Order Date :- 22.8.2024/Nisha