High Court
Case Details
Neutral Citation No. - 2025:AHC:88485 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5085 of 2025 Applicant :- Om Prakash And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyam Pandey,Shivam Pandey Counsel for Opposite Party :- A.L.Gupta,G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
1. Heard Mr. Satyam Pandey, learned counsel for the applicants, Mr. A.L. Gupta, learned counsel for the opposite party no.2, Mr. Satyendra Tiwari, learned counsel for the State and perused the records. 2. This application under Section 528 B.N.S.S. has been filed to quash the order dated 07.11.2024 vide which the compromise application has been rejected as well as the entire criminal proceeding in S.T. No.230 of 2017 (State vs. Om Prakash and Others), arising out of Case Crime No.182 of 2016, under Sections 147, 504, 506 I.P.C. and Section 3(1)(10) of S.C./S.T. Act, Police Station- Bithur, District- Kanpur Nagar, pending in the court of Special Judge, S.C./S.T. Act, Kanpur Nagar, on the basis of compromise. 3. Earlier on 24.04.2025, the following order was passed:- "Heard Mr. Satyam Pandey, learned counsel for the applicants, Mr. A.L. Gupta, learned counsel for the opposite party no.2 and Mr. Rizwan Ahmad, learned counsel for the State. This application under Section 528 B.N.S.S. has been filed to quash the order dated 07.11.2024 vide which the compromise application has been rejected as well as the entire criminal proceeding in S.T. No.230 of 2017 (State vs. Om Prakash and Others), arising out of Case Crime No.182 of 2016, under Sections 147, 504, 506 I.P.C. and Section 3(1) (10) of S.C./S.T. Act, Police Station- Bithur, District- Kanpur Nagar, pending in the court of Special Judge, S.C./S.T. Act, Kanpur Nagar, on the basis of compromise. Learned counsel for the applicants submits that in compliance of earlier order of this Court dated 21.03.2025, the parties could not appear before the Court below for verification of compromise within stipulated period as directed by this Court due to the reasons beyond their control as mentioned in the affidavit filed along with the application. Therefore, in the interest of justice, some time may be granted to the parties to appear before the Court below in compliance of order dated 21.03.2025 passed by this Court. As per report dated 12.04.2025 of District Magistrate, Kanpur Nagar, no compensation has been given to the victim. Learned A.G.A. as well as learned counsel for the opposite party no.2 have no objection to the aforesaid. 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. 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 23.05.2025, as fresh, along with compromise verification report. Interim order, granted earlier, shall continue till the next date of listing. " 4. In compliance of the aforesaid order, a report regarding verification of compromise deed has been placed on record as is evident from the office report dated 22.05.2025. A letter of the Special Judge (SC/ST Act), Kanpur Nagar, dated 03.05.2025 has been placed alongwith copy of order dated 01.05.2025 vide which compromise has been verified in the presence of the parties alongwith their respective counsels. The letter of District Magistrate, Kanpur Nagar dated 12.04.2025 mentioned about no compensation being given to the victim. 5. Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court. 6. Learned A.G.A. for the State does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants. 7. Before proceeding any 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, 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 herein above, 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, the entire criminal proceeding in S.T. No.230 of 2017 (State vs. Om Prakash and Others), arising out of Case Crime No.182 of 2016, under Sections 147, 504, 506 I.P.C. and Section 3(1)(10) of S.C./S.T. Act, Police Station- Bithur, District- Kanpur Nagar, pending in the court of Special Judge, S.C./S.T. Act, Kanpur Nagar is hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. 12. It is always open to the parties to approach before this Court in case verification has been done by playing fraud. 13. A copy of this order be sent to the lower court forthwith. Order Date :- 23.5.2025 Jitendra/- Digitally signed by :- Digitally signed by :- JITENDRA KUMAR YADAV JITENDRA KUMAR YADAV High Court of Judicature at Allahabad High Court of Judicature at Allahabad