High Court
Case Details
Neutral Citation No. - 2023:AHC:219719 Court No. - 90 Case :- APPLICATION U/S 482 No. - 17751 of 2021 Applicant :- Arif And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Subhash Chandra Pandey Counsel for Opposite Party :- G.A.,Rahul Kumar Pandey,Varun Kumar Agnihotri Hon'ble Dinesh Pathak,J.
Legal Reasoning
1. Heard learned counsel for the applicants, learned counsel for respondent no. 2 and 3 as well as learned A.G.A. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire proceeding of Case No.851 of 2019, State vs. Arif & others, under Section 307 I.P.C., P.S.-Swar, District-Rampur, arising out of Case Crime No.614 of 2018 in respect of Charge Sheet No.530 of 2018, dated 24.11.2018,pending in the Court of Additional Chief Judicial Magistrate-I, Rampur and also quashing cognizance order dated 12.04.2019 endorsed upon the charge sheet. 3. With respect to the incident allegedly took place in the intervening night of 06/07.09.2018, wherein one boy namely Chottu has sustained bullet shot injury owing to joy firing an F.I.R. has been lodged. During pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. 4. Having considered the submissions raised by learned counsel for the applicants and learned counsel for respondents no. 2 and 3, this Court vide order dated 01.12.2021 has directed the parties to appear before the court below to get their compromise verified and the court concerned was also directed to verify the compromise and submit its report within four weeks. For ready reference, order dated 01.12.2021 is quoted herein below :- "Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record. The instant application has been filed seeking quashing the entire proceeding of Case No.851 of 2019, State vs. Arif & others, under Section 307 I.P.C., P.s.-Swar, District-Rampur, arising out of Case Crime No.614 of 2018 in respect of Charge Sheet No.530 of 2018, dated 24.11.2018,pending in the Court of Additional Chief Judicial Magistrate-I, Rampur and also quashing cognizance order dated 12.04.2019 endorsed upon the charge sheet. Learned counsel for the applicants as well as learned counsel for opposite party no.2 jointly submit that nothing as alleged has been committed by the applicants, however, the applicants and the complainant have entered into a compromise on 22.07.2019. They have settled their dispute amicably out of the Court and have decided not to contest the case against each other. Copy of the compromise deed dated 22.07.2019 is on record as Annexure No.6 to this application. In view of the above, the applicants as well as opposite party no.2 are directed to approach the Additional Chief Judicial Magistrate-I, Rampur by filing appropriate application for verification of the compromise within two weeks from today and the Court concerned after receiving the application shall verify the compromise in presence of the parties and submit its report to this Court within four weeks thereafter. List this case in the week commencing 17.01.2022 in the additional cause list before the appropriate Bench. Meanwhile, the process, if any, is found to be issued against the applicants, the same shall not be given effect to. It is made clear that this case shall not be treated as tied up or part heard to this Bench." 5. In pursuance of the order dated 01.12.2021, learned Incharge Additional Chief Judicial Magistrate/Ist Additional Civil Judge (S.D.), District Rampur has submitted report dated 18.11.2023 along with copy of the compromise and compromise verification order dated 06.12.2021. Perusal of compromise verification report and the compromise verification order reveals that compromise has been verified in presence of both the parties in pursuance of the order passed by this Court. 6. Learned counsel for the applicants submits that, in the eventuality of settlement took place between the parties and compromise verification report/order submitted by the court concerned verifying the compromise took place between the parties, instant application may be allowed and the criminal proceedings initiated against the present applicant may be quashed. There is no grudges between them against each other who have burried the hatchet. 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 SCC 675. (ii) Nikhil Merchant Vs. Central Bureau of Investigation;