State v. Shyamacharan and others) under Sections
Case Details
Neutral Citation No. - 2024:AHC:196093 Court No. - 76 Case :- APPLICATION U/S 482 No. - 42888 of 2024 Applicant :- Shyamacharan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
Legal Reasoning
1. Sri Mukti Nath Dwivedi, Advocate has filed memo of appearance on behalf of the opposite party no.2, which is taken on record. 2. Office is directed to proceed accordingly and print the name of Sri Mukti Nath Dwivedi, Advocate as counsel for the opposite party no.2. 3. Heard learned counsel for the applicants, learned counsel for opposite party Nos. 2 as well as learned A.G.A. 4. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the charge sheet No. 352 of 2018 dated 27.09.2018 as well as cognizance/summoning order dated 14.01.2020 as well as entire proceeding of the Case No. 10 of 2020 (State Versus Shyamacharan and others) under Sections 323, 324, 504, 308 I.P.C., Police Station Nawabganj, District Bareilly arising out of Case Crime No. 0380 of 2018, pending in the court of Judicial Magistrate, Nawabganj, District Bareilly.
Decision
5. During the pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the court. The present applicants have moved an application under Section 482 Cr. P.C. No. 12837 of 2024 (Shyamcharan and 2 others Versus State of U.P. and another) to quash the criminal proceeding on the basis of compromise. This Court vide order dated 14.05.2024, has disposed of aforesaid application with a direction to the applicants to appear before the court below to get their compromise verified and granted liberty to move a fresh application to quash the criminal proceedings on the basis of compromise verified. For ready reference, the order dated 14.05.2024 is quoted hereinbelow:- "1. Sri Mukti Nath Dwivedi, learned counsel has filed Vakalatnama on behalf of the opposite party no. 2, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 352 of 2018 dated 27.09.2018, cognizance/summoning order dated 14.01.2020 as well as the entire proceedings of the Case No. 10 of 2020 (State Vs. Shyamacharan and Others), under Section 323, 324, 504, 308 IPC, P.S. Nawabganj, District- Bareilly, arising out of Case Crime No. 0380 of 2018, pending in the court of Judicial Magistrate, Nawabganj, District- Bareilly. 4. It has been contended by learned counsel for the applicants that the applicants and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed entered into between the parties has been annexed as Annexure-4 to the application. 5. Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts. 6. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein. 7. In view of the above, the present application is disposed of. 8. For a period of six weeks, no coercive measure shall be taken against the applicants". 6. In pursuance of the order dated 14.05.2024, Judicial Magistrate has passed compromise verification order dated 03.06.2024. Certified copy of the order dated 03.06.2024 and certified copy of the compromise application are collectively filed as Annexure no.5 to this affidavit. 7. Learned Judicial Magistrate has observed that both the parties were appeared before the court below and they have been identified by their respective counsels. The contents of the compromise has been spelled out to the parties, who have admitted the factum of the compromise. Accordingly, compromise has been verified. 8. It is submitted by learned counsel for the applicants that in the above eventuality of amicable settlement took place between the parties, instant application may be allowed and the entire proceedings may be quashed. It is further submitted that both the parties have entered into compromise out of their own volition without any duress and buried the hatchet. There is no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the applicant has relied upon the following judgments of the Hon'ble Apex Court:- (i) B.S.Joshi & Others Vs. State of Haryana & Others; (2003) 4