This judgment allowed Section 482 Cr.P.C. applications seeking quashing of criminal proceedings. The Court accepted verified compromises entered into between applicants and the State, finding no scope for prosecution.
Entire proceedings of the quashed cases are hereby quashed on the basis of verified compromise.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 11159 of 2018
Applicant :- Baburam Bharti And 3 Ors Opposite Party :- State Ofu.P. And Another Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.
AND
Case :- APPLICATION U/S 482 No. - 11228 of 2018
Applicant :- Dev Sharan Pati Tripathi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devesh Vikram Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
APPLICATION U/S 482 No. - 11159 of 2018
Sri Devesh Vikram, Advocate has filed a counter affidavit on behalf of the opposite party no.2 today, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite party no. 2 and learned AGA for the State as also perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Case No. 5 of 2013 (State Vs. Baburam Bharti & others) arising out of N.C.R. 69 of 2012, under Sections 504, 506, 427 I.P.C., Police Station- Shahpur, District- Gorakpur, pending in the Court of Addl. Chief Judicial Magistrate-III, Gorakhpur on the basis of compromise entered into between the parties.
Learned counsel for the applicant submits that earlier the applicants approached this Court by means of Application U/s 482 Cr.P.C. No. 7183 of 2015, which was disposed of by this court vide order dated 30.03.2015 with the following directions:
"This application is, therefore, disposed of with liberty to the applicants to file a proper application before the court concerned. If any such compromise is filed, within two weeks from today, before the court concerned, the court concerned shall fix a date for appearance of the parties to the proceedings for verification of the compromise and thereafter, shall proceed to ascertain whether the compromise has been entered into between the parties or not. If the compromise is found to be verified, then a report to that effect shall be prepared by the court and the
compromise will be taken on record. The applicants will be allowed to obtain a certified copy of the report as well as the compromise. If the compromise is duly verified, the applicants will be free to file a fresh application seeking quashing of the proceedings."
In pursuance of the aforesaid direction, the parties have filed a compromise application before the court below, which was duly verified by the order dated 10.08.2017 passed by the Addl. Chief Judicial Magistrate-III, Gorakhpur. Certified copy of that order has also been annexed as Annexure-5 to the present application.
Sri Devesh Vikram, learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission advanced by learned counsel for the applicant.
Further, Sri Devesh Vikram, learned counsel for the opposite party no.2 states that arising from the cross case lodged by the present applicant against the said opposite party no.2, owning to the aforesaid compromise, a separate application U/s 482 Cr.P.C. No. 11228 of 2018 (Dev Sharan Pati Tripathi Vs. State of U.P. and another) has been filed, which is also listed today in the list of fresh cases. Accordingly both the cases have been taken up and decided together by this common order.
APPLICATION U/S 482 No. - 11228 of 2018
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No. 467 of 2013 arising out of Case Crime No. 533 of 2012, under Sections 323, 504, 506, 452 IPC, and Section 3(1)X SC/ST Act, Police Station Shahpur, District Gorakhpur, pending in the Court of Addl. Chief Judicial Magistrate-III, Gorakhpur on the basis of compromise entered into between the parties.
In the said application U/s 482 Cr.P.C. No. 11228 of 2018 (Dev Sharan Pati Tripathi Vs. State of U.P. Vs. State of U.P. and another), Sri Mohit Singh, Advocate has filed a counter affidavit on behalf of the opposite party no.2 today and affirming the compromise having been entered into between the parties.
In view of the facts that now it is admitted between the parties that arising out of a dispute and resultantly, the NCR/FIR had been lodged by either side on the advice received by them, at the relevant time and in any case, both the parties do not wish to press the charges any further, in view of the disputes and differences resolved by them through compromise.
Learned counsel for the applicants in support of his contention
has placed reliance on the judgments of Apex Court in the case of Narindra Singh vs. State of Punjab reported in (2014) 6 SCC 466 and Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653 and has submitted that the applicants and opposite party no.2 have compromised the dispute and as such opposite party no.2 does not want 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.
From perusal of the record, it is apparent that parties have entered into compromise and have settled their dispute amicably.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties. Taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narindra Singh vs. State of Punjab (supra) and Yogendra Yadav vs. State of Jharkhand (supra ) the entire proceedings of the aforesaid case is hereby quashed.
The present 482 Cr.P.C. application stands allowed .
Order Date :- 5.4.2018 Lbm/-
1 issue framed by the court
Whether the criminal proceedings should be quashed upon the filing of a verified compromise between the parties.
Colour shows how this judgement treated each authority
Narindra Singh vs. State of PunjabExplained¶23
Narindra Singh vs. State of Punjab reported in (2014) 6 SCC 466 · Who else cites this
Yogendra Yadav vs. State of JharkhandExplained¶23
Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653 · Who else cites this
1 provisions across 1 enactments
Baburam Bharti And 3 Ors
Dev Sharan Pati Tripathi
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
