State v. Kapil and Others), arising out of Case Crime No
Case Details
Neutral Citation No. - 2024:AHC:171611 Court No. - 73 Case :- APPLICATION U/S 482 No. - 27499 of 2024
Legal Reasoning
Applicant :- Kapil Singh And 02 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jalaj Singh Counsel for Opposite Party :- G.A.,Rajneesh Kumar Srivastava Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Jalaj Singh, learned counsel for the applicants, Mr. Rajneesh Kumar Srivastava, learned counsel for opposite party no.2, Mr. Rizwan Ahmad, learned AGA for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed with the prayer to quash the charge sheet dated 18.12.2021, Summoning order dated 17.05.2022 and entire proceedings ensuing thereafter of Case No.3000 of 2022 (State vs. Kapil and Others), arising out of Case Crime No.25 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Bareilly as well as stay the further proceeding of the aforesaid case, pending in the court of Chief Judicial Magistrate, Bareilly, on the basis of compromise. 3. On 12.09.2024, the following order was passed:- "1. Sri Rajneesh Kumar Srivastava, Advocate has filed Vakalatnama along with compromise affidavit on behalf of opposite party no.2/informant, which are taken on record. 2. Heard learned counsel for applicants, Sri Rajneesh Kumar Srivastava, learned counsel for the opposite party no.2/informant and learned A.G.A. for the State. 3. This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including charge-sheet dated 18.12.2021 and summoning order dated 17.05.2022, of case no. 3000 of 2022 (State vs. Kapil and others), arising out of case crime no. 25 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, P.S. Mahila Thana, District - Bareilly, pending in the court of Chief Judicial Magistrate, Bareilly, in terms of the compromise arrived at between the parties. 4. It is submitted by learned counsel for the applicants that on account of intervention of the well-wishers, a compromise has been arrived at between the parties and the said compromise will be filed before the court concerned within two weeks from today. It is further contended that proceedings of the aforesaid case may be quashed on the basis of compromise arrived at between the parties. 5. Whether a compromise has taken place or not can 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 aforesaid, it is directed that in case parties appear before the trial court concerned and file an appropriate application for compromise within a period of two weeks from today, the same shall be verified by the court concerned in accordance with law and 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 by the next date. 7. Put up this case on 18.10.2024, as fresh, showing the name of Sri Rajneesh Kumar Srivastava, as counsel for the opposite party no.2/informant. 8. Till the next date of listing, no coercive action would be taken against the applicants in the aforesaid case." 4. In compliance of the aforesaid order for compromise verification dated 12.09.2024, a letter of the concerned Court of learned Chief Judicial Magistrate, Bareilly dated 30.09.2024 has been placed on record along with the compromise deed mentioning therein that the compromise has been verified in the presence of parties vide order dated 30.09.2024 as is evident form office report dated 17.10.2024. 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 accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, 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: (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 charge sheet dated 18.12.2021, Summoning order dated 17.05.2022 and entire proceedings ensuing thereafter of Case No.3000 of 2022 (State vs. Kapil and Others), arising out of Case Crime No.25 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Bareilly, on the basis of compromise, are hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. Order Date :- 25.10.2024 Kalp Nath Singh