State of U.P v. Mahesh Pal Singh and others), whereby the compromise application filed by t
Case Details
Neutral Citation No. - 2023:AHC:169056 Court No. - 87 Case :- APPLICATION U/S 482 No. - 9880 of 2023 Applicant :- Mahesh Pal Singh And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vikrant Singh Parihar Counsel for Opposite Party :- G.A.,Abhishek Kuamar Jaiswal. Hon'ble Neeraj Tiwari,J.
Legal Reasoning
1. Heard learned counsel for the applicants, learned AGA for the State and Sri Abhishek Kumar Jaiswal, learned counsel for the opposite party no.2. 2. The present 482 Cr.P.C. application has been filed to quash the order dated 30.9.2022 passed by Judicial Magistrate, Fast Track Court No. 2, Farrukhabad in Criminal Case No. 349/2020 (initially got numbered as Criminal Case No. 1658/2007), State Vs. Mahesh Pal Singh and others, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Amritpur, District Farrukhabad as well as charge sheet dated 23.05.2007. 3. Case was heard on 24.3.2023, Court has passed the following order:- "Heard Mr. Vikrant Singh Parihar, the learned counsel for applicants, the learned A.G.A. for State and Mr. Abhishek Kumar Jaiswal, the learned counsel representing first informant opposite party 2, who has put in appearance by filing his Vakalatnama in the Court today, which is taken on record. Perused the record. Challenge in this application under Section 482 Cr.P.C. is to the charge-sheet dated 23.5.2007 submitted in case crime no. 68 of 2007, under Sections 498- A, 323, 504, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station-Amritpur, District-Farrukhabad, as well as the order dated 30.9.2022 passed by Judicial Magistrate, Fast Track Court No. 2, Farrukhabad, in criminal case no. 349 of 2020 (State of U.P. Vs. Mahesh Pal Singh and others), whereby the compromise application filed by the parties has been rejected as well as the entire proceedings of aforementioned criminal case now pending in the court of Judicial Magistrate, Fast Track Court No. 2, Farrukhabad. Learned counsel for applicants submits that the dispute between the parties is a purely matrimonial dispute which has been dragged into criminal litigation. During the pendency of aforementioned criminal case, parties amicably settled their dispute outside the Court. On the basis of settlement so arrived at between the parties, a joint application was filed before court below to accept the compromise entered into by the parties. The aforesaid compromise was arrived on the the ground that the husband, namely Mahesh Pal Singh and the wife, namely Meena Devi have mutually agreed to terminate their marital relationship by filing a divorce petition in terms of Section 13-B of the Hindu Marriage Act. The same was registered as Suit no. 112 of 2023 (Smt. Meena Devi Vs. Mahesh Pal Singh and others) On the above premise, the learned counsel for applicant submits that court below, at the first instance, should have verified the compromise. However, in the present case, the court below in stead of verifying the compromise has straight away rejected the compromise, which was entered into by the parties on the ground that offence complained of is non-compoundable. Referring to the judgment of Supreme Court as noted hereinunder:- 1. B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675 2. Madan Mohan Abbot Vs. State of Punjab, (2008) 4 SCC 582 3. Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677] 4. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1 5. Shiji @ Pappu and Others VS. Radhika and Another, (2011) 10 SCC 705 6. Gian Singh Vs. State of Punjab (2012) 10 SCC 303 7. K. Srinivas Rao Vs. D.A Deepa, (2013) 5 SCC 226 8. Dimpey Gujral and others Vs. Union Territory through Administrator, U.T. Chandigarh and others, (2013) 11 SCC 497 9. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466 10. Yogendra Yadav and Ors. Vs. State of Jharkhand and another (2014) 9 SCC 653 11. Shlok Bhardwaj Vs. Runika Bhardwaj, (2015) 2 SCC 721 12. C.B.I. Vs. Maninder Singh (2016) 1 SCC 389 13. C.B.I. Vs. Sadhu Ram Singla and Others, (2017) 5 SCC 350 14. Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others Vs. State of Gujarat and another, (2017) 9 SCC 641 15. Anita Maria Dias and Ors. Vs. State of Maharashtra and Others, (2018) 3 SCC 290 16. Social Action Forum For Manav Adhikar and Another Vs. Union of India and others, (2018) 10 SCC, 443 (Constitution Bench) 17. State of M.P. VS. Dhruv Gurjar and Another, (2019) 5 SCC 570 18. State of M.P. V/s Laxmi Narayan & Ors., (2019) 5 SCC 688 19. Rampal Vs. State of Haryana, AIR online 2019 SC 1716 20. Arun Singh and Others VS. State of U.P. and Another (2020) 3 SCC 736 21. (Ramgopal and Another Vs. The State of M.P.), 2021 SCC OnLine SC 834 22. Daxaben Vs. State of Gujarat, 2022 SCC Online 936. 23. State of Kerala VS. Hafsal Rahman N.R., Special Leave Petition (Criminal) Diary Nos. 24362 of 2021 learned counsel for applicants submit that compromise can be entered into by the parties even in respect of cognizable and non-compoundable offence also. Per contra, the learned A.G.A. and Mr. Abhishek Kumar Jaiswal, the learned counsel representing opposite parties 2 and 3 do not dispute the fair and equitable submission urged by the learned counsel for applicants. In view of above, parties are directed to appear before court below on the next date fixed and file a fresh application to verify the compromise so entered between the parties along with a certified copy of this order. Court below shall thereafter, shall verify the aforesaid compromise by fixing a date for appearance of all the signatories to the compromise executed on 15.02.2022. In case the compromise is verified the same shall be made part of the record, and a report to that effect shall be sent to this Court by the next date of listing. Issue notice to the opposite parties 2 and 3 returnable at an early date. List this case for admission on 1.5.2023. Considering the facts and circumstance of the case that the dispute between the parties is matrimonial and the parties have amicably settled their dispute outside the court, the divorce petition filed under Section 13B having been filed and the compromise entered into by the parties having been sent for verification, as an interim measure, it is provided that until further orders of this Court, no coercive action shall be taken against applicants in criminal case no. 349 of 2020 (State of U.P. Vs. Mahesh Pal Singh and others), under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station-Amritpur, District-Farrukhabad, now pending in the Court of Judicial Magistrate FTC-2, Farrukhabad." 4. Pursuant to the order of this Court dated 24.3.2023, learned Judicial Magistrate, FTC-2, Farrukhabad has verified the compromise between the parties on 1.5.2023 and information to this effect has been received before this Court on 10.5.2023. 5. Sri Abhishek Kumar Jaiswal, learned counsel for the opposite party no.2 has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection. 6. In view of above, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of the aforesaid case is hereby quashed. 8. The present application is, accordingly allowed. No order as to costs. Order Date :- 22.8.2023 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad