Subhash Chandra Agarwal v. Raj Kumar Agarwal & Others), under Sections
Case Details
Court No. - 73 Case :- APPLICATION U/S 482 No. - 10792 of 2022
Legal Reasoning
Applicant :- Raj Kumar Agarwal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Shanker Srivastava,Ashwini Kumar Counsel for Opposite Party :- G.A.,Syed Imran Ibrahim Hon'ble Shiv Shanker Prasad,J. Heard learned counsel for the applicants, the learned Additional Government Advocate for the State, and learned counsel for opposite party no.2 as also perused the material available on record. This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 16th July,2019 as well as the entire proceedings of Complaint Case No. 2868 of 2012 (Subhash Chandra Agarwal Vs. Raj Kumar Agarwal & Others), under Sections 452 and 323 I.P.C., Police Station-Kotwali, District- Varanasi, pending in the Court of Additional Chief Judicial Magistrate Court No.02, Varanasi on the basis of compromise entered into between the parties. Learned counsel for the applicants submits that the dispute between the parties, who are known to each other very well, is purely civil and private in nature. The complaint case came to be filed by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged. There never was any criminal intent on part of the applicant/s nor any criminal offence as alleged had ever occurred. At present, the parties to the dispute who are related to each other, have resolved their differences and made peace. In view of the settlement reached between the parties, they pray another chance be given to them to develop and experience normal relationship. The continuance of the criminal trial may in fact hamper the otherwise good chance of the parties enjoying a normal relationship. In such changed circumstances, the opposite party no. 2 does not wish to press charges against the applicant. In the above regard, a compromise has been entered into between the parties. Thereafter the applicants have approached this Court by means of the present application for quashing the aforesaid case in terms of compromise entered into between the parties. A Coordinate Bench of this Court passed following order on 8th July, 2022: "1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 2868 of 2012 (Subhash Chandra Agarwal vs Raj Kumar Agarwal and others), under Sections 452, 323 I.P.C., Police Station- Kotwali, District Varanasi as well as summoning order dated 16.07.2019 passed by the ACJM, Court No.02, Varanasi. 3. Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing. 4. Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the submissions so advanced by learned counsel for the applicants. 5. 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 and be permitted to file an application for verification of the original compromise document. It is 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 with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court. 6. List on 27.9.2022. 7. Till then no coercive measure shall be taken against the applicants." Learned counsel for the applicant further submits that in compliance of the order of this Court dated 8th July, 2022, the court below has verified the said compromise vide order dated 6th August, 2022, copy of the compromise deed and verification order have been enclosed as S.A.-1 to the supplementary affidavit filed today. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him. On the instruction received, learned counsel for opposite party no.2 submits that since the parties have entered into a compromise and the same has also been verified by the court below, opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. This Court is not unmindful of the following judgements of the Apex Court: 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, 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. 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. Accordingly, the proceedings of Complaint Case No. 2868 of 2012 (Subhash Chandra Agarwal Vs. Raj Kumar Agarwal & Others), under Sections 452 and 323 I.P.C., Police Station-Kotwali, District- Varanasi, pending in the Court of Additional Chief Judicial Magistrate Court No.02, Varanasi, are hereby quashed. The application is, accordingly, allowed. There shall be no order as to costs. Order Date :- 24.3.2023 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad