High Court
Case Details
Neutral Citation No. - 2024:AHC:166891 Court No. - 73 Case :- APPLICATION U/S 482 No. - 29095 of 2024 Applicant :- Mohd Shaqib And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atiqur Rahman Siddiqui Counsel for Opposite Party :- Alok Singh,G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Supplementary affidavit filed by learned counsel for the applicants in Court today, is taken on record. Office is directed to register the same.
Legal Reasoning
2. Heard Mr. Atiqur Rahman Siddiqui, learned counsel for the applicants, Mr. Alok Singh, learned counsel for the opposite party no.2 and Mr. Shashikant Rai, learned AGA 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 27.02.2024 and cognizance/summoning order dated 01.08.2024, of criminal case no. 237 of 2024, arising out of case crime no.086 of 2023, under Sections 498A, 323, 504, 506, 406 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Allahabad, pending in the court of C.J.(J.D.), Room No. 21, Allahabad, in terms of the compromise arrived at between the parties. 4. On 23.09.2024, the following order was passed:- "Sri Alok Singh, Advocate has filed Vakalatnama on behalf of opposite party no. 2/informant, in Court today, which is taken on record. Heard learned counsel for applicants, learned counsel for opposite party no. 2 and learned A.G.A. for the State. including charge-sheet This application u/s 482 Cr.P.C. has been filed for quashing of the entire dated 27.02.2024 and proceedings, cognizance/summoning order dated 01.08.2024, of criminal case no. 237 of 2024, arising out of case crime no. 086 of 2023, under Sections 498A, 323, 504, 506, 406 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Allahabad, pending in the court of C.J.(J.D.), Room No. 21, Allahabad, in terms of the compromise arrived at between the parties. 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 trial 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. 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. In view of the aforesaid, it is directed that in case the parties appear before the trial court 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. Put up as fresh on 21.10.2024, showing the name of counsel for opposite party no. 2. Till the next date of listing, no coercive action would be taken against the applicants in the aforesaid case." 5. In compliance of the aforesaid order dated 23.09.2024, compromise verification report from learned Civil Judge/FTC, Room No.21, Prayagraj is kept on record as is evident from office report dated 19.10.2024. The letter of Civil Judge/FTC, Room No.21, Prayagraj dated 05.10.2024 has been placed along with statements of parties mentioning that the compromise between the parties have been verified. The compromise has been verified by order dated 05.10.2024 by the Court below, certified copy of the same has been annexed at page-16 of the supplementary affidavit filed today. 6. 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. 7. Learned A.G.A. for the State as well as learned counsel for the opposite party 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. 8. 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, 9. 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. 10. 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. 11. Accordingly, proceedings of charge-sheet dated 27.02.2024 and cognizance/summoning order dated 01.08.2024 of criminal case no. 237 of 2024, arising out of case crime no.086 of 2023, under Sections 498A, 323, 504, 506, 406 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Allahabad, pending in the court of C.J.(J.D.), Room No. 21, Allahabad, in terms of the compromise arrived at between the parties, are hereby quashed. 12. The application is, accordingly, allowed. There shall be no order as to costs. Order Date :- 21.10.2024 Rahul.