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Heard Mr. Deepak Kapoor, learned A.G.A. for the State and perused the record. This application under Section 482 Cr.P.C. has been filed to quash the entire criminal proceedings of Criminal Case No.1224 of 2024, arising out of Case Crime No.17 of 2024, under Sections 323, 341, 504, 506 I.P.C. & Section 3(2)(Va) S.C./S.T. Act, Police Station- Kotwali, District- Jhansi, pending in the court of Special Judge SC/ST Act, Jhansi, District- Jhansi, on the basis of compromise. On 10.04.2025, the following order was passed:- "Service of notice upon opposite party no.2 is sufficient. No one has put in appearance on behalf of the opposite party no.2, even in revised call. Heard Mr. Fakhruzzaman, learned counsel for the applicants and learned A.G.A. for the State. The present application has been filed to quash the charge sheet dated 03.02.2024 as well as summoning order dated 30.08.2024 and the entire proceeding of Criminal Case No.1224 of 2024, arising out of Case Crime No.17 of 2024, under Sections 323, 341, 504, 506 I.P.C. and Section 3(2)(Va) of S.C./S.T, Act, P.S.-Kotwali, District- Jhansi, pending in the court of Special Judge (S.C./S.T. Act), Jhansi, on the basis of compromise. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties. In this regard, certified copy of compromise deed has been annexed as Annexure No.3 to this application. Therefore, continuance of proceedings against the applicants would 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. Learned A.G.A. does not dispute the correctness of the submissions made by the learned counsel for the applicants. 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. In view of the above, 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. 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, as expeditiously as possible, preferably within a period of one month 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? Upon due verification of compromise, the court below may pass appropriate order in that regard and send a report to this Court. Put up this case on 09.05.2025, as fresh, along with verification report Meanwhile, the District Magistrate, Jhansi shall also verify and send a report to this Court as to whether the opposite party no.2/victim has received any compensation or not, and in case it is found to have been received, same has been returned or not. Learned A.G.A. as well as Registrar (Compliance) of this Court shall look into compliance of this order. Till then, no coercive measure shall be taken against the applicants in the aforesaid case." In compliance of the aforesaid order dated 10.04.2025, the compromise verification report as well as compensation report from District Magistrate- Jhansi is kept on record. The letter of the In-charge Special Judge, S.C./S.T. (P.A.), Act, Jhansi dated 05.05.2025 has been placed on record along with order dated 03.05.2025 as is evident form office report dated 08.05.2025. Order dated 03.05.2025 shows that the aforesaid compromise has been verified in the presence of the parties along with their respective counsels. The letter of District Magistrate- Jhansi dated 03.04.2025 goes to show that no compensation has been taken by the opposite party no.2. Learned A.G.A. for the State accepts 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. 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, 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. Considering the facts and circumstances of the case, as noted herein above, and also the submission made by learned A.G.A. as well as perusal of entire records, 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. Accordingly, the entire criminal proceedings of Criminal Case No.1224 of 2024, arising out of Case Crime No.17 of 2024, under Sections 323, 341, 504, 506 I.P.C. & Section 3(2)(Va) S.C./S.T. Act, Police Station- Kotwali, District- Jhansi, pending in the court of Special Judge SC/ST Act, Jhansi, District- Jhansi, on the basis of compromise, are hereby quashed. The application is, accordingly, allowed. There shall be no order as to costs. The Registrar (Compliance) shall inform about this order to the court concerned. Order Date :- 9.5.2025 Kalp Nath Singh
Heard Mr. Deepak Kapoor, learned A.G.A. for the State and perused the record. This application under Section 482 Cr.P.C. has been filed to quash the entire criminal proceedings of Criminal Case No.1224 of 2024, arising out of Case Crime No.17 of 2024, under Sections 323, 341, 504, 506 I.P.C. & Section 3(2)(Va) S.C./S.T. Act, Police Station- Kotwali, District- Jhansi, pending in the court of Special Judge SC/ST Act, Jhansi, District- Jhansi, on the basis of compromise. On 10.04.2025, the following order was passed:- "Service of notice upon opposite party no.2 is sufficient. No one has put in appearance on behalf of the opposite party no.2, even in revised call. Heard Mr. Fakhruzzaman, learned counsel for the applicants and learned A.G.A. for the State. The present application has been filed to quash the charge sheet dated 03.02.2024 as well as summoning order dated 30.08.2024 and the entire proceeding of Criminal Case No.1224 of 2024, arising out of Case Crime No.17 of 2024, under Sections 323, 341, 504, 506 I.P.C. and Section 3(2)(Va) of S.C./S.T, Act, P.S.-Kotwali, District- Jhansi, pending in the court of Special Judge (S.C./S.T. Act), Jhansi, on the basis of compromise. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties. In this regard, certified copy of compromise deed has been annexed as Annexure No.3 to this application. Therefore, continuance of proceedings against the applicants would 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. Learned A.G.A. does not dispute the correctness of the submissions made by the learned counsel for the applicants. 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. In view of the above, 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. 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, as expeditiously as possible, preferably within a period of one month 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? Upon due verification of compromise, the court below may pass appropriate order in that regard and send a report to this Court. Put up this case on 09.05.2025, as fresh, along with verification report Meanwhile, the District Magistrate, Jhansi shall also verify and send a report to this Court as to whether the opposite party no.2/victim has received any compensation or not, and in case it is found to have been received, same has been returned or not. Learned A.G.A. as well as Registrar (Compliance) of this Court shall look into compliance of this order. Till then, no coercive measure shall be taken against the applicants in the aforesaid case." In compliance of the aforesaid order dated 10.04.2025, the compromise verification report as well as compensation report from District Magistrate- Jhansi is kept on record. The letter of the In-charge Special Judge, S.C./S.T. (P.A.), Act, Jhansi dated 05.05.2025 has been placed on record along with order dated 03.05.2025 as is evident form office report dated 08.05.2025. Order dated 03.05.2025 shows that the aforesaid compromise has been verified in the presence of the parties along with their respective counsels. The letter of District Magistrate- Jhansi dated 03.04.2025 goes to show that no compensation has been taken by the opposite party no.2. Learned A.G.A. for the State accepts 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. 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, 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. Considering the facts and circumstances of the case, as noted herein above, and also the submission made by learned A.G.A. as well as perusal of entire records, 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. Accordingly, the entire criminal proceedings of Criminal Case No.1224 of 2024, arising out of Case Crime No.17 of 2024, under Sections 323, 341, 504, 506 I.P.C. & Section 3(2)(Va) S.C./S.T. Act, Police Station- Kotwali, District- Jhansi, pending in the court of Special Judge SC/ST Act, Jhansi, District- Jhansi, on the basis of compromise, are hereby quashed. The application is, accordingly, allowed. There shall be no order as to costs. The Registrar (Compliance) shall inform about this order to the court concerned. Order Date :- 9.5.2025 Kalp Nath Singh