Hon'ble Court quashed criminal proceedings under S. 482 Cr.P.C. as the victim had settled disputes with the accused and verified compromise before the trial court, rendering further proceedings purposeless.
Quashing of entire proceedings of Case No. 1160 of 2018 against the applicants.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 27250 of 2019
Applicant :- Braj Pal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Ashish Kumar Pathak
Hon'ble Rajul Bhargava,J.
As per the office report dated 11.9.2019, no report in compliance of Court's order dated 18.7.2019 has been received from C.J.M., Amroha as to whether the compromise has been duly verified or not.
Learned counsel for the applicant, however, states that the same has been verified on 6.9.2019 and also placed the certified copy of the order dated 6.9.2019, which is taken on record.
Heard Sri Sunil Kumar Singh, learned counsel for the applicants as well as learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the entire proceeding of Case No. 1160 of 2018 (State vs. Brajpal and others), arising out of Case Crime No.26 of 2017 under sections 376, 323, 504, 506 I.P.C., Police Station Mahila Thana, District Amroha on the basis of compromise application dated 03.06.2019 pending in the Court of 1st Additional Chief Judicial Magistrate, Amroha and also a prayer is made to stay the proceedings in this case till the disposal of this application.
In the compromise verification order dated 6.9.2019, it is recorded that opposite party no.2 has now solemnized marriage with co-accused Braj Pal whose application has already been rejected by the Court for quashing of proceedings. She has also stated before the learned Magistrate that out of the wedlock birth of a child has also taken place and the court on the basis of statement of opposite party no.2 and Braj Pal has verified the compromise.
Be it noted that applicant no.2 is father-in-law, applicant nos. 3 & 4 are brother-in-law (Dewar) and applicant no.5 is mother-inlaw of opposite party no.2. As the opposite party no.2 has already settled all disputes and differences with her husband and the compromise has been duly verified, no purpose would be served in keeping the proceedings under challenge in the
present application against the applicants pending in the court below.
Therefore, in view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceedings are hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed .
Order Date :- 9.12.2019 Vikas
2 issues framed by the court
Whether criminal proceedings arising out of sections 376, 323, 504, 506 IPC can be quashed based on a settled compromise verified by the trial court.
Whether proceedings should be stayed pending the disposal of the quashing application.
Colour shows how this judgement treated each authority
Gian Singh vs State Of Punjab and anotherFollowed¶12
Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012
1 provisions across 1 enactments
Braj Pal And 4 Others
State of U.P.
Another
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
