The Hon'ble Apex Court in the case of Narindra Singh and others v. State of Punjab

3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 26-01-2012, cognizance order dated 11-09-2012 passed by Judicial Magistrate, Rampur as well as the entire criminal proceedings of the Case No. 638 of 2012, (State versus Chhaila Khan & others), arising out of Case Crime No. 1051 of 2011, under Section 147, 148, 149, 323, 324, 504 I.P.C., Police Station- Shahabad, District- Rampur, pending before the learned A.C.J.M. Ist, Rampur on the basis of compromise.

4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court and entered into a compromise. Applicants approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 25.09.2024 passed following order:- "Vakalatnama filed by Sri Mohd. Irfan Advocate on behalf of respondent No.2 is taken on record. Heard learned counsel for the applicants, leaned counsel for the respondent No.2 and learned A.G.A. for the State and perused the material available on record. By means of the instant application under Section 482 Cr.P.C. the applicants have prayed for quashing the chargesheet dated 26.01.2012 as well as cognizance order dated 11.09.2012 passed by Judicial Magistrate, Rampur and also to quash the entire criminal proceedings of Case No.638 of 2012, (Stte Vs. Chhaila Khan and others), arising out of Case Crime No.1051 of 2011 under Sections 147, 148, 149, 323, 324, 504 IPC, Police Station Shahabad, District Rampur. Learned counsel for the applicants submitted that offence is triable by Magistrate and offence is punishable with a term up to 7 years of imprisonment. On intervention of some respectable persons of the locality the parties have arrived at compromise and they intend to close the proceedings of the court below on the basis of compromise. The copy of the compromise has been filed as Annexure No.6 to affidavit filed in support of the application under Section 482 Cr.P.C., original compromise has already been filed before the court below. No objection has been raised on behalf of the private respondents. Whether the compromise has taken place and or an objection at best be ascertained by the court that court proceedings are pending after ensuring the presence of the parties before the court below. The parties are directed to appear before the court below within two weeks and the compromise has already been filed before the court below. The court may consider and examine the signature of the parties, and if the same is found genuine, the court may proceed for verifying the same. In case the same is verified by the court below, a copy of the order of the court below alongwith a copy of compromise duly verified the court below be filed before this Court within one week after verification alongwith supplementary affidavit before this Court, so further action may be taken thereon. List this case as fresh on 04.11.2024 before the appropriate Bench. Till the next date of listing no coercive action shall be adopted by the learned court below against the applicants."

5. In pursuance of this Court order dated 25.09.2024, the Trial court vide order dated 08.10.2024 verified the parties as well as compromise application through their counsels. Verification report dated 08.10.2024 has been transmitted to this Court by Additional Chief Judicial Magistrate, Court No. 1, Rampur through letter dated 18.10.2024. Learned counsel for the applicants has also filed verification report dated 08.10.2024 by supplementary affidavit. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

6. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.

7. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

8. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble 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. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble 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 learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

10. Accordingly, the impugned charge sheet dated 26-01-2012, cognizance order dated 11-09-2012 passed by Judicial Magistrate, Rampur as well as the entire criminal proceedings of the Case No. 638 of 2012, (State versus Chhaila Khan & others), arising out of Case Crime No. 1051 of 2011, under Section 147, 148, 149, 323, 324, 504 I.P.C., Police Station- Shahabad, District- Rampur, pending before the learned A.C.J.M. Ist, Rampur, are hereby quashed.

11. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 1.8.2025 Aditya

3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 26-01-2012, cognizance order dated 11-09-2012 passed by Judicial Magistrate, Rampur as well as the entire criminal proceedings of the Case No. 638 of 2012, (State versus Chhaila Khan & others), arising out of Case Crime No. 1051 of 2011, under Section 147, 148, 149, 323, 324, 504 I.P.C., Police Station- Shahabad, District- Rampur, pending before the learned A.C.J.M. Ist, Rampur on the basis of compromise.

4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court and entered into a compromise. Applicants approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 25.09.2024 passed following order:- "Vakalatnama filed by Sri Mohd. Irfan Advocate on behalf of respondent No.2 is taken on record. Heard learned counsel for the applicants, leaned counsel for the respondent No.2 and learned A.G.A. for the State and perused the material available on record. By means of the instant application under Section 482 Cr.P.C. the applicants have prayed for quashing the chargesheet dated 26.01.2012 as well as cognizance order dated 11.09.2012 passed by Judicial Magistrate, Rampur and also to quash the entire criminal proceedings of Case No.638 of 2012, (Stte Vs. Chhaila Khan and others), arising out of Case Crime No.1051 of 2011 under Sections 147, 148, 149, 323, 324, 504 IPC, Police Station Shahabad, District Rampur. Learned counsel for the applicants submitted that offence is triable by Magistrate and offence is punishable with a term up to 7 years of imprisonment. On intervention of some respectable persons of the locality the parties have arrived at compromise and they intend to close the proceedings of the court below on the basis of compromise. The copy of the compromise has been filed as Annexure No.6 to affidavit filed in support of the application under Section 482 Cr.P.C., original compromise has already been filed before the court below. No objection has been raised on behalf of the private respondents. Whether the compromise has taken place and or an objection at best be ascertained by the court that court proceedings are pending after ensuring the presence of the parties before the court below. The parties are directed to appear before the court below within two weeks and the compromise has already been filed before the court below. The court may consider and examine the signature of the parties, and if the same is found genuine, the court may proceed for verifying the same. In case the same is verified by the court below, a copy of the order of the court below alongwith a copy of compromise duly verified the court below be filed before this Court within one week after verification alongwith supplementary affidavit before this Court, so further action may be taken thereon. List this case as fresh on 04.11.2024 before the appropriate Bench. Till the next date of listing no coercive action shall be adopted by the learned court below against the applicants."

5. In pursuance of this Court order dated 25.09.2024, the Trial court vide order dated 08.10.2024 verified the parties as well as compromise application through their counsels. Verification report dated 08.10.2024 has been transmitted to this Court by Additional Chief Judicial Magistrate, Court No. 1, Rampur through letter dated 18.10.2024. Learned counsel for the applicants has also filed verification report dated 08.10.2024 by supplementary affidavit. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

6. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.

7. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

8. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble 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. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble 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 learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

10. Accordingly, the impugned charge sheet dated 26-01-2012, cognizance order dated 11-09-2012 passed by Judicial Magistrate, Rampur as well as the entire criminal proceedings of the Case No. 638 of 2012, (State versus Chhaila Khan & others), arising out of Case Crime No. 1051 of 2011, under Section 147, 148, 149, 323, 324, 504 I.P.C., Police Station- Shahabad, District- Rampur, pending before the learned A.C.J.M. Ist, Rampur, are hereby quashed.

11. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 1.8.2025 Aditya