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

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

2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 30.12.2023 and cognizance order dated 29.01.2024 as well as the entire proceedings of Criminal Case No. 0929 of 2024, arising out of Case Crime No. 0164 of 2023, under sections 323, 308, 325, 504 and 506, I.P.C, Police Station- Sikheda, District- Muzaffar Nagar, pending before the court of learned Civil Judge (J.D), Court No.3, Muzaffar Nagar, in terms of the compromise between the parties.

3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants 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 18.11.2024 passed following order:- "1. Vakalatnama filed by Sri Vijay Kumar Mishra (AOR No.A/V04631 of 2022), on behalf of opposite parties no.2 to 4 is taken on record.

2. The contention of the learned counsel for the applicants, who are four in number, is that a first information report stood lodged against the applicants by the informant-opposite parties purported to be under Sections 308, 323, 325, 504 & 506 of the IPC, being FIR No. 0164 on 8.12.2023 before the Police Station Sikheda, District Muzaffar Nagar on the basis of totally incorrect facts, falsely implicated to the applicants, a compromise has been entered into between the parties reference whereof has been given in para 9 document whereof has been annexed as annexure-5 at page 30 of the paper book according to which parties on 22.12.2023 have entered into compromise that they do not propose to proceed with the criminal proceedings.

3. Learned counsel for the applicants submits that the parties will approach the court below on a particular date wherein the process of verification be done and in the meantime interim protection be accorded.

4. Learned A.G.A. as well counsel appearing for the informant have no objection to the same and according to the learned counsel for the informant since from the parties have entered into compromise thus now the proceedings are to be given a decent burial.

5. Matter requires consideration.

6. The parties shall appear before the Civil Judge (J.D.), Court No.3, Muzaffar Nagar in Case No.929 of 2024 (State vs. Jafir and others) on 9th December, 2024 on which date thereafter the court below shall take necessary steps for verification in accordance with law and a report be submitted by the third week of February, 2025.

7. Learned counsel for the opposite parties prays for and is granted six weeks time to file counter affidavit. Two weeks' thereafter are allowed to the petitioner for filing rejoinder affidavit.

8. Put up this case on 28.1.2025 as fresh.

9. Till the next date of listing, further proceedings in Criminal Case No. 0929 of 2024 arising out of Case Crime No.0164 of 2023, under Sections 323, 308, 325, 504 & 506 IPC, Police Station Sikheda, District Muzaffar Nagar, pending before the learned Civil Judge (J.D.), Court No.3, Muzaffar Nagar, in so far as it pertains to thea pplicants shall remain stayed.

10. When the case is next listed, the name of Sri Vijay Kumar Mishra (AOR No.A/V04631 of 2022), from the opposite parties no.2 to 4 "

4. In pursuance of order of this Court dated 18.11.2024, the Trial court vide order dated 17.12.2024 verified the parties as well as compromise application through their counsels. Verification report dated 17.12.2024 has been forwarded to this Court through letter dated 08.01.2024 by Judicial Magistrate, Court No. 2, Muzaffarnagar, which is 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.

5. 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.

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

7. 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.

8. 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.

9. Accordingly, the impugned charge sheet dated 30.12.2023 and cognizance order dated 29.01.2024 as well as the entire proceedings of Criminal Case No. 0929 of 2024, arising out of Case Crime No. 0164 of 2023, under sections 323, 308, 325, 504 and 506, I.P.C, Police Station- Sikheda, District- Muzaffar Nagar, pending before the court of learned Civil Judge (J.D), Court No.3, Muzaffar Nagar, are hereby quashed.

10. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 25.7.2025 Aditya ADITYA KUSHWAHA High Court of Judicature at Allahabad

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

2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 30.12.2023 and cognizance order dated 29.01.2024 as well as the entire proceedings of Criminal Case No. 0929 of 2024, arising out of Case Crime No. 0164 of 2023, under sections 323, 308, 325, 504 and 506, I.P.C, Police Station- Sikheda, District- Muzaffar Nagar, pending before the court of learned Civil Judge (J.D), Court No.3, Muzaffar Nagar, in terms of the compromise between the parties.

3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants 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 18.11.2024 passed following order:- "1. Vakalatnama filed by Sri Vijay Kumar Mishra (AOR No.A/V04631 of 2022), on behalf of opposite parties no.2 to 4 is taken on record.

2. The contention of the learned counsel for the applicants, who are four in number, is that a first information report stood lodged against the applicants by the informant-opposite parties purported to be under Sections 308, 323, 325, 504 & 506 of the IPC, being FIR No. 0164 on 8.12.2023 before the Police Station Sikheda, District Muzaffar Nagar on the basis of totally incorrect facts, falsely implicated to the applicants, a compromise has been entered into between the parties reference whereof has been given in para 9 document whereof has been annexed as annexure-5 at page 30 of the paper book according to which parties on 22.12.2023 have entered into compromise that they do not propose to proceed with the criminal proceedings.

3. Learned counsel for the applicants submits that the parties will approach the court below on a particular date wherein the process of verification be done and in the meantime interim protection be accorded.

4. Learned A.G.A. as well counsel appearing for the informant have no objection to the same and according to the learned counsel for the informant since from the parties have entered into compromise thus now the proceedings are to be given a decent burial.

5. Matter requires consideration.

6. The parties shall appear before the Civil Judge (J.D.), Court No.3, Muzaffar Nagar in Case No.929 of 2024 (State vs. Jafir and others) on 9th December, 2024 on which date thereafter the court below shall take necessary steps for verification in accordance with law and a report be submitted by the third week of February, 2025.

7. Learned counsel for the opposite parties prays for and is granted six weeks time to file counter affidavit. Two weeks' thereafter are allowed to the petitioner for filing rejoinder affidavit.

8. Put up this case on 28.1.2025 as fresh.

9. Till the next date of listing, further proceedings in Criminal Case No. 0929 of 2024 arising out of Case Crime No.0164 of 2023, under Sections 323, 308, 325, 504 & 506 IPC, Police Station Sikheda, District Muzaffar Nagar, pending before the learned Civil Judge (J.D.), Court No.3, Muzaffar Nagar, in so far as it pertains to thea pplicants shall remain stayed.

10. When the case is next listed, the name of Sri Vijay Kumar Mishra (AOR No.A/V04631 of 2022), from the opposite parties no.2 to 4 "

4. In pursuance of order of this Court dated 18.11.2024, the Trial court vide order dated 17.12.2024 verified the parties as well as compromise application through their counsels. Verification report dated 17.12.2024 has been forwarded to this Court through letter dated 08.01.2024 by Judicial Magistrate, Court No. 2, Muzaffarnagar, which is 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.

5. 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.

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

7. 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.

8. 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.

9. Accordingly, the impugned charge sheet dated 30.12.2023 and cognizance order dated 29.01.2024 as well as the entire proceedings of Criminal Case No. 0929 of 2024, arising out of Case Crime No. 0164 of 2023, under sections 323, 308, 325, 504 and 506, I.P.C, Police Station- Sikheda, District- Muzaffar Nagar, pending before the court of learned Civil Judge (J.D), Court No.3, Muzaffar Nagar, are hereby quashed.

10. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 25.7.2025 Aditya ADITYA KUSHWAHA High Court of Judicature at Allahabad