High Court
Case Details
Neutral Citation No. - 2024:AHC:180954 Court No. - 52 Case :- APPLICATION U/S 482 No. - 32678 of 2024 Applicant :- Anis Uddin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ehtesham Afsar Khan Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
1. Heard Sri Ehlesham Afsar Khan, learned counsel for the applicants – (i) Anis Uddin and (ii) Smt. Wakilan alias Wakko, learned AGA for the State Ms. Kirti Singh, and perused the record. 2. This application under Section 482 Cr.P.C. has been filed challenging cognizance order dated 17.10.2015, charge sheet dated 04.06.2015 and entire proceedings of Case No. 7000 of 2015, State v. Anis Uddin and others, arising out of Case Crime No. 84 of 2014, under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Bareilly, pending in the court of Chief Judicial Magistrate, Bareilly, in terms of compromise dated 07.9.2024. 3. On 21.10.2024, following order was passed: "1. Heard Mr. Ehtesham Afsar Khan, learned counsel for the applicants, as well as learned counsel for the State and perused the material on record. 2. The present 482 Cr.P.C. application has been filed to quash the Cognizance order dated 17.10.2015 and charge sheet dated 04.06.2015 as well as entire proceeding of Case No. 7000 of 2015 (State versus Anis Uddin and Others) arising out of Case Crime No. 84 of 2014, under Sections 498A, 323 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Mahila Thana, District-Bareilly as well as stay the further proceedings of the aforesaid case, pending in the court of Chief Judicial Magistrate, Bareilly in pursuance of compromise deed dated 07.09.2024. 3. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties. The copy of the said compromise/mutual deed, filed before the court below, is annexed as Annexure No.3 to this application. Therefore, continuance of proceedings against the applicants would be a 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 does 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, both the parties are directed to appear before the court below along with copy of compromise deed as well as a certified copy of this order within a two weeks 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, after hearing the informant, as expeditiously as possible, preferably within a period of four weeks 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. Upon due verification of compromise, the court below may pass appropriate order in that regard and send a report to this Court. 8. Put up this case on 19th November, 2024, as fresh. 9. Till then, no coercive measure shall be taken against the applicants in the aforesaid case." 4. In compliance of the aforesaid order, compliance verification report received from the Chief Judicial Magistrate, Bareilly has been placed on record along with the orders dated 06.11.2024 and 07.11.2024, as is evident from the office report dated 18.11.2024 5. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court concerned, the entire proceedings of the aforesaid criminal case may be quashed by this Court. 6. Learned counsel appearing for the State states that since the parties have entered into a compromise, he has no objection, if the proceedings in the aforesaid case are quashed. 7. Before proceeding further it shall be apt to make a brief reference to the following cases:- 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; and 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, 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 hereinabove, 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, cognizance order dated 17.10.2015, charge sheet dated 04.06.2015 and entire proceedings of Case No. 7000 of 2015, State v. Anis Uddin and others, arising out of Case Crime No. 84 of 2014, under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Bareilly, pending in the court of Chief Judicial Magistrate, Bareilly, are hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. 12. A copy of this order be sent to the court concerned forthwith. Order Date :- 19.11.2024 DS