The Hon'ble Apex Court in the case of Narindra Singh and others v. State of Punjab

2. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State.

3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 29.05.2014 bearing Charge Sheet No. 155 of 2014 including entire proceedings of the Case No. 1288 of 2015 (State vs. Abhay Verma and others), arising out of Case Crime No. 140 of 2014, under section 354, 354D, 504 I.P.C., Police Station- Sipri Bazar, District- Jhansi, pending in the Court of Additional Chief Judicial Magistrate, Court No. 6, Jhansi as well as cognizance order dated 23.06.2015 passed by Additional Chief Judicial Magistate, Court No. 6, Jhansi.

4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 06.06.2024 passed following order:- "1. Supplementary affidavit filed today, is taken on record.

2. Heard learned counsel for the applicants and learned A.G.A. for the State.

3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 29.05.2014 as well as the entire proceedings of Case No. 1288 of 2015 (State Vs. Abhay Verma & Ors.), arising out of Case Crime No. 140 of 2014, under Sections - 354, 354-D, 504 I.P.C., Police Station - Sipri Bazar, District - Jhansi, pending in the court of Additional Chief Judicial Magistrate, Court No. 6, Jhansi.

4. Learned counsel for the applicants submits, since charge sheet was submitted, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.

5. 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.

6. Accordingly, it is provided that the applicants may file before the learned court below the terms of settlement reached along with a certified copy of this order, through counsel. They may also be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix an early 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.

7. List this case on 29.08.2024.

8. Till the next date of listing, no coercive measure shall be taken against the applicants in the aforesaid case. "

5. In pursuance of order of this Court dated 06.06.2024, the Trial court vide order dated 20.06.2024 verified the parties as well as compromise application through their counsels. Verification report/order dated 20.06.2024 has been forwarded to this Court by Chief Judicial Magistrate, Jhansi through its letter dated 24.06.2024, which is available on record. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

6. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.

7. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

8. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble 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. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble 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 learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

10. Accordingly, the impugned charge sheet dated 29.05.2014 bearing Charge Sheet No. 155 of 2014 including entire proceedings of the Case No. 1288 of 2015 (State vs. Abhay Verma and others), arising out of Case Crime No. 140 of 2014, under section 354, 354D, 504 I.P.C., Police Station- Sipri Bazar, District- Jhansi, pending in the Court of Additional Chief Judicial Magistrate, Court No. 6, Jhansi as well as cognizance order dated 23.06.2015 passed by Additional Chief Judicial Magistate, Court No. 6, Jhansi, are hereby quashed.

11. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 6.8.2025 Aditya ADITYA KUSHWAHA High Court of Judicature at Allahabad

2. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State.

3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 29.05.2014 bearing Charge Sheet No. 155 of 2014 including entire proceedings of the Case No. 1288 of 2015 (State vs. Abhay Verma and others), arising out of Case Crime No. 140 of 2014, under section 354, 354D, 504 I.P.C., Police Station- Sipri Bazar, District- Jhansi, pending in the Court of Additional Chief Judicial Magistrate, Court No. 6, Jhansi as well as cognizance order dated 23.06.2015 passed by Additional Chief Judicial Magistate, Court No. 6, Jhansi.

4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 06.06.2024 passed following order:- "1. Supplementary affidavit filed today, is taken on record.

2. Heard learned counsel for the applicants and learned A.G.A. for the State.

3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 29.05.2014 as well as the entire proceedings of Case No. 1288 of 2015 (State Vs. Abhay Verma & Ors.), arising out of Case Crime No. 140 of 2014, under Sections - 354, 354-D, 504 I.P.C., Police Station - Sipri Bazar, District - Jhansi, pending in the court of Additional Chief Judicial Magistrate, Court No. 6, Jhansi.

4. Learned counsel for the applicants submits, since charge sheet was submitted, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.

5. 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.

6. Accordingly, it is provided that the applicants may file before the learned court below the terms of settlement reached along with a certified copy of this order, through counsel. They may also be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix an early 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.

7. List this case on 29.08.2024.

8. Till the next date of listing, no coercive measure shall be taken against the applicants in the aforesaid case. "

5. In pursuance of order of this Court dated 06.06.2024, the Trial court vide order dated 20.06.2024 verified the parties as well as compromise application through their counsels. Verification report/order dated 20.06.2024 has been forwarded to this Court by Chief Judicial Magistrate, Jhansi through its letter dated 24.06.2024, which is available on record. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

6. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.

7. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

8. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble 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. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble 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 learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

10. Accordingly, the impugned charge sheet dated 29.05.2014 bearing Charge Sheet No. 155 of 2014 including entire proceedings of the Case No. 1288 of 2015 (State vs. Abhay Verma and others), arising out of Case Crime No. 140 of 2014, under section 354, 354D, 504 I.P.C., Police Station- Sipri Bazar, District- Jhansi, pending in the Court of Additional Chief Judicial Magistrate, Court No. 6, Jhansi as well as cognizance order dated 23.06.2015 passed by Additional Chief Judicial Magistate, Court No. 6, Jhansi, are hereby quashed.

11. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 6.8.2025 Aditya ADITYA KUSHWAHA High Court of Judicature at Allahabad