High Court
Case Details
Neutral Citation No. - 2025:AHC:13816 Court No. - 52 Case :- APPLICATION U/S 482 No. - 38297 of 2024 Applicant :- Satyaveer And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhanshu Singh Counsel for Opposite Party :- Sundeep Agarwal,G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
1. Heard Mr. Sudhanshu Singh, learned counsel for the applicants, Mr. Sundeep Agarwal, learned counsel for opposite party no.2 and Ms. Kirti Singh, learned A.G.A. for the State and perused the records. 2. This application u/s 482 has been filed by the applicants with the prayer to quash the Cognizance/Summoning order dated 09.09.2019 along with the entire proceedings of the Criminal Case No.2225/2021, arising out of Case Crime no.478 of 2018 (State vs. Satyaveer and Others), under Sections 498A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Fatehganj West, District- Bareilly as well as stay the further proceeding of the aforesaid case, in terms of the compromise. 3. On 28.11.2024, the following order was passed in the matter:- "1. Mr. Sandeep Agarwal, Advocate appearing on behalf of opposite party no.2 has filed his vakalatnama in the Court today, which is taken on record. Office is directed to register the same. 2. Heard Mr. Sudhanshu Singh, learned counsel for the applicants, Mr. Sandeep Agarwal, learned counsel for the opposite party no.2 as well as learned counsel for the State and perused the material on record. 3. The present 482 Cr.P.C. application has been filed to quash the impugned Cognizance/Summoning order dated 09.09.2019 along with the entire proceedings of the Criminal Case No.2225/2021, arising out of Case Crime no.478 of 2018 (State vs. Satyaveer and Others), under Sections 498A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Fatehganj West, District- Bareilly as well as stay the further proceeding of the aforesaid case, in pursuance of compromise deed dated 30.09.2024. 4. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties after which they have decided to live together. The copy of the said compromise/mutual deed, filed before the court below, is annexed as Annexure No.3 to this application. Therefore, continuance of proceedings against the applicants would be a futile exercise and wastage of time of the Court and will be abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. 5. Learned counsel for the opposite party no.2 does not dispute the correctness of the submissions made by the learned counsel for the applicants. 6. Learned A.G.A. as well as learned counsel for opposite party no.2 also does not dispute the correctness of the submissions made by the learned counsel for the applicants. 7. Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it. 8. 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, after hearing the informant, 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? 9. Upon due verification of compromise, the court below may pass appropriate order in that regard and send a report to this Court. 10. Put up this case on 20th January, 2025, as fresh showing the name of Mr. Sandeep Agarwal as learned counsel for the opposite party no.2. 11. Till then, no coercive measure shall be taken against the applicants in the aforesaid case." 4. In compliance of the order dated 28.11.2024, compromise verification report is placed on record as is evident from office report dated 18.01.2025. The letter of Additional Chief Judicial Magistrate, Room No.5, Bareilly dated 24.12.2024 has been placed on record along with order dated 19.12.2024 vide which compromise has been verified between the parties. 5. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court. 6. Learned counsel for opposite party no.2 and learned A.G.A. for the State also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, they have no objection, if the proceedings in the aforesaid case are quashed. 7. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). 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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 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, Cognizance/Summoning order dated 09.09.2019 along with the entire proceedings of the Criminal Case No.2225/2021, arising out of Case Crime no.478 of 2018 (State vs. Satyaveer and Others), under Sections 498A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Fatehganj West, District- Bareilly, on the basis of compromise, are hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. Order Date :- 27.1.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad