High Court
Case Details
Neutral Citation No. - 2025:AHC:82671 Court No. - 84 Case :- APPLICATION U/S 482 No. - 40629 of 2024 Applicant :- Karanjeet Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Pandey Counsel for Opposite Party :- G.A.,Shishir Kumar Tiwari Hon'ble Deepak Verma,J.
Legal Reasoning
1. Heard learned counsel for the applicant, learned counsel for the informant, and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed with following prayer:- "it is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present application and quash the Entire proceedings of Criminal Case No. 1176 of 2022 (Previously mentioned as Case No. 38/2022) against the applicant as well as Co Accused namely Kamaljeet Singh Son of Kulveer Singh in (State of U.P. Vs. Kamaljeet Singh) U/S 406 & 420 of I.P.C., P.S.- Mandhotanda, District-Pilibhit pending before the Additional Chief Judicial Magistrate, Court No. 1, Pilibhit, arising out of Case Crime No. 0249 of 2021, U/S 420, 406 of I.P.C., P.S.- Mandhotanda, District-Pilibhit in lieu of compromise entered inbetween the parties and verified by the Learned Additional Chief Judicial Magistrate, Court No. 1, Pilibhit on 29.10.2024. It is further prayed that this Hon'ble Court may kindly be pleased to stay the effect and operation of the further proceeding of Criminal Case No. 1176 of 2022 (Previously mentioned as Case No. 38/2022) against the applicant as well as Co- Accused namely Kamaljeet Singh Son of Kulveer Singh in (State of U.P. Vs. Kamaljeet Singh) U/S 406 & 420 of I.P.C., P.S.- Mandhotanda, District-Pilibhit pending before the Additional Chief Judicial Magistrate, Court No. 1, Pilibhit, arising out of Case Crime No. 0249 of 2021, during the pendency of present application, otherwise the applicant shali suffer irreparable loss and injury." 3. Learned counsel for the applicant submitted that applicant and opposite party no.2 have amicably settled their dispute out of the Court and entered into a compromise, thereafter, applicant approached this Hon'ble Court by filing Application U/S 482 No. 31888 of 2024 with prayer to quash the proceedings on terms of compromise entered between the parties., The Co-ordinate Bench of this Court vide order dated 27.09.2024 sent the matter to trial court for verification of the parties as well as compromise application and passed following order: "1. Vakalatnama, filed by Sri Madhu Ranjan Pandey, learned counsel on behalf of opposite party No.2, is taken on record. 2. Heard Sri Alok Tiwari, learned counsel for the applicant, Sri Madhu Ranjan Pandey, learned counsel for the informant and learned A.G.A. for the State. 3. The instant application has been filed seeking quashing of the entire criminal proceeding of the Case No. 38 of 2022 (State vs. Kamaljeet Singh), arising out of Case Crime No. 249 of 2021, under Sections 420, 467, 468, 471, 506 I.P.C., P.S. Mandhotanda, District Pilibhit, including the charge sheet dated 10.11.2021 as well as consequential orders dated 18.11.2022, 13.1.2023 and 13.9.2023. 4. Contention of learned counsel for the applicant is that the parties have settled their dispute amicably and a written compromise dated 28.6.2024 was also entered into between the parties. The said compromise is annexed at page No. 88 of the paper book. It is further submitted that opposite party No.2 (informant) has filed an application before the court of A.C.J.M., Court No.1, Pilibhit to terminate the impugned proceeding on the basis of the aforesaid compromise. A request is, therefore, made that the proceedings may be quashed on the basis of the compromise. 5. Learned counsel for opposite party No.2 did not dispute this fact. However, learned A.G.A. has raised objection that co-accused Kamaljeet Singh is not the signatory to the said compromise. 6. Learned counsel for the applicant submits that Kamaljeet Singh has been residing in Australia, therefore, he may be permitted to appear in the compromise verification proceeding through video conferencing. 7. Learned counsel for the opposite party No.2 as well as learned A.G.A. have no objection.
Decision
8. In view of the above, the application is disposed of with a direction to the A.C.J.M, Court No.1, Pilibhit to verify the aforesaid compromise after summoning the parties, including the examination of co-accused Kamaljeet through video conferencing and after verification of the same, he will permit the parties to obtain certified copy of the verified compromise. 9. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 10. For a period of three months, no coercive action shall be taken against the applicant as well as co-accused Kamaljeet Singh in the aforesaid case. 11. It is further provided that the parties are at liberty to file a fresh application under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (Section 482 Cr.P.C.) for quashing of the impugned proceeding on the basis of the verified compromise. " 4. Trial court vide order dated 29.10.2024 verified the parties as well as compromise application through their counsels. The verification report dated 29.10.2024 is annexed as annexure-7 to the affidavit. He next submitted that pursuant to the order of this Court dated 27.09.2024, co-accused, namely, Kamaljeet Singh has appeared through video conferencing before the court below, which is apparent from the verification report/order dated 29.10.2024. He further submitted that applicant and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicant. He further submitted that applicant 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 applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant 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 applicant 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 entire proceedings of Criminal Case No. 1176 of 2022 (Previously mentioned as Case No. 38/2022) against the applicant as well as co- accused, namely, Kamaljeet Singh Son of Kulveer Singh in (State of U.P. Vs. Kamaljeet Singh), arising out of Case Crime No. 0249 of 2021, U/S 406, 420 I.P.C., P.S.- Mandhotanda, District-Pilibhit, pending before the Additional Chief Judicial Magistrate, Court No. 1, Pilibhit, are hereby quashed. 10. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 17.5.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad