State of U.P v. Amit Kumar
Case Details
Neutral Citation No. - 2024:AHC:171472 Court No. - 73 Case :- APPLICATION U/S 482 No. - 27528 of 2024 Applicant :- Amit Kumar @ Ikrar Quraishi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
3. Having considered the arguments advanced across the bar, it appears just and proper that in the instant case, the proceedings of mediation/reconciliation be resorted to between the disputing parties. 4. It is directed that applicants shall deposit a sum of Rs. 25,000/- within two weeks from today with the Mediation Centre of this Court, out of which Rs. 20,000/- shall be released in favour of opposite party no. 2 for appearance before the Mediation Centre. 5. The matter is remitted to the Mediation Centre for mediation with the direction that same may be dealt with for resolution, after giving notices to both the parties. 6. Mediation proceedings shall be concluded expeditiously preferably within a period of eight weeks. Thereafter the case shall be listed before the appropriate Bench on 25.10.2024. 7. Till the next date of listing, no coercive action shall be taken against the applicants in case no. 39323 of 2024 (State vs. Pragati Kumar Gupta and others), arising out of Case Crime No. 36 of 2023, under Sections 498-A, 323, 504, 506, 354 I.P.C., Police Station - Raipurwa District - Kanpur Nagar, pending in the court of Additional Civil Judge (J.D.). Court No.4, Kanpur Nagar. 8. After depositing the amount aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated." 4. In compliance of the aforesaid order for compromise verification dated 12.09.2024, the compromise between the parties has been verified on 05.10.2024. The certified copy of the order dated 05.10.2024 vide which the compromise entered between the parties has been verified is passed on to the Court today and the same is kept on record. 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 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 entire criminal proceeding of Charge Sheet No.378/2022 dated 31.08.2022 and the Cognizance/Summoning order dated 17.09.2022, under Sections 498-A, 420, 406, 323, 504, 506, 377, 295-A and 120-B I.P.C. against the applicant no.1 as well as the Charge Sheet No.378A/2022 dated 15.11.2022 and the Cognizance/Summoning order dated 01.05.2024, under Sections 498-A, 323, 406, 504, 506, 295-A and 120-B I.P.C. against the applicant nos.2 to 4 in Case No.11431/2022 (State of U.P. vs. Amit Kumar @ Ikrar Quraishi & Others), arising out of Case Crime No.0354/2022, Police Station- Jagdishpura, District- Agra, 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
Arguments
1. Heard Mr. Hitesh Pachori, learned counsel for the applicants as well as 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 entire criminal proceeding of Charge Sheet No.378/2022 dated 31.08.2022 and the Cognizance/Summoning order dated 17.09.2022, under Sections 498-A, 420, 406, 323, 504, 506, 377, 295-A and 120-B I.P.C. against the applicant no.1 as well as the Charge Sheet No.378A/2022 dated 15.11.2022 and the Cognizance/Summoning order dated 01.05.2024, under Sections 498-A, 323, 406, 504, 506, 295-A and 120-B I.P.C. against the applicant nos.2 to 4 in Case No.11431/2022 (State of U.P. vs. Amit Kumar @ Ikrar Quraishi & Others), arising out of Case Crime No.0354/2022, Police Station- Jagdishpura, District- Agra as well as stay the further proceeding of the aforesaid case, pending in the Court of learned Additional Chief Judicial Magistrate-I, Agra, on the basis of compromise. 3. On 12.09.2024, the following order was passed:- "1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. It has been submitted by learned counsel for the applicants that the present matter relates to family dispute between applicants and opposite party no.2/informant and the said matter can be well considered in mediation. It was further submitted that there is possibility of reconciliation between the parties and therefore the matter may be referred to the Mediation Centre of this Court.