Allowed

Deepa and Another v. State of U.P.and Another

Allahabad HC16 Mar 2023A482/11301/2022

Case brief

AI extract

What is this about?

This court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings in a case involving offences under Sections 498-A, 307, 328, 427 IPC and 3/4 D.P. Act. The quashing was granted because the parties had reached a compromise which had been verified by the trial court, rendering the continuation of proceedings unnecessary.

What did the court decide?

The proceedings of Criminal Case No. 111 of 2022 arising out of Case Crime No. 496 of 2022 are quashed.

Deepa and Another Vs State of U.P.and Another — Domestic Violence | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 11301 of 2022

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Applicant :- Deepa And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sanjay Kumar Yadav,Surendra Bahadur Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Supplementary affidavit filed on behalf of the applicants in the Court today is taken on record.

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Heard learned counsel for the applicants and the learned Additional Government Advocate for the State as well as perused the entire material available on record.

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This application under Section 482 Cr.P.C. has been filed challenging the entire proceedings of Criminal Case No. 111 of 2022 (State Vs. Deepak & Others), arising out of Case Crime No. 496 of 2022, under Sections 498-A, 323, 504, 506, 307, 328, 427 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Sadar Bazar, District-Saharanpur, pending in the Court of Additional Civil Judge (Junior Division)/F.T.C. (Offences Against Women), Saharanpur, on the basis of compromised so arrived at between the parties on 13th July, 2022.

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In the application filed by the co-accused challenging the same criminal case being Application No. 23372 of 2022 (Deepak & 2 Others Vs. State of U.P. & Another), on 24th November, 2022, the Court passed following order:

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"Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed praying for quashing of entire proceedings in Case No. 111 of 2022 ( State Vs. Deepak and others) arising out of Case Crime No. 496 of 2022, under sections 498-A, 323, 504, 506, 307, 328, 427 IPC and section 3/4 D.P. Act P.S. Sadar Bazar.

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Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.

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Learned A.G.A. for the State does not dispute the correctness of the compromise.

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Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into

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between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.

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List after two months.

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Till then no coercive measure shall be taken against the applicants. "

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Pursuant to the aforesaid order, the Additional Civil Judge (Junior Division)/F.T.C. (Offences Against Women), Saharanpur has sent her letter dated 19th October, 2022 wherein it has been mentioned that the compromise so arrived at between the parties has been verified by her vide order dated 14th October, 2022, a copy of which has also been sent along with the said letter, which are on record of Application No. 23372 of 2022 (Deepak & 2 Others Vs. State of U.P. & Another). The copy of the compromise as well as the order of verification have also been enclosed along with the supplementary affidavit filed today in the Court.

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Learned counsel for the applicants submits that since the compromise so arrived at between the parties and the same has also been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court.

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This Court is not unmindful of the following judgements of the Apex Court:

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B.S. Joshi and others Vs. State of Haryana and Another ; (2003)4 SCC 675 ,

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Nikhil Merchant Vs. Central Bureau of Investigation ; (2008) 9 SCC 677,

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Manoj Sharma Vs. State and Others ; (2008) 16 SCC 1,

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Gian Singh Vs. State of Punjab ; (2012); 10 SCC 303,

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Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,

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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. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

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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.

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Accordingly, the proceedings of Criminal Case No. 111 of 2022 (State Vs. Deepak & Others), arising out of Case Crime No. 496 of 2022, under Sections 498-A, 323, 504, 506, 307, 328, 427 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Sadar Bazar, District-Saharanpur, pending in the Court of Additional Civil Judge (Junior Division)/F.T.C. (Offences Against Women), Saharanpur, are hereby quashed.

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The application is, accordingly, allowed. There shall be no order as to costs.

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(Shiv Shanker Prasad, J.)

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Order Date :- 16.3.2023

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Sushil/-

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Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad

Deepa and Another v. State of U.P.and Another

Case brief

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Deepa and Another v. State of U.P.and Another

Case brief

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