Allowed

Satvir and 2 Others v. State of U.P. and Another

Allahabad HC10 May 2023A482/17276/2023

Case brief

AI extract

What is this about?

Applicant sought quashing of criminal proceedings under Section 482 Cr.P.C. citing a compromise deed verified by the lower court. The aggrieved party did not oppose the quashing. The Court held that continued proceedings served no useful purpose and ordered the quashing of the case.

What did the court decide?

The entire proceedings of Criminal Case No. 120 of 2022, including the charge sheet and cognizance order, are hereby quashed.

Satvir and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:100969

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 17276 of 2023

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Applicant :- Satvir And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Ashok Kumar Singh, learned counsel for the applicants, Mr. Amit Singh Chauhan, learned AGA for the State and perused the records.

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This application under Section 482 Cr.P.C. has been filed to quash the charge sheet No.371/2021 dated 24.11.2021 and cognizance order dated 09.02.2022 as well as the entire proceedings of Criminal Case No.120 of 2022 (State vs. Satvir and others), arising out of Case Crime No.128 of 2021, under sections 452, 504, 506, 307 IPC and Section 7 of Criminal Law Amendment Act, police station-Simbhawali, district-Hapur, pending in the court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Garhmukteshwar, Hapur, on the basis of compromise entered into by the parties.

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Earlier, the applicants have approached before this Court by means of filing an Application U/s 482 No.35767 of 2022, wherein on 12.12.2022, the following order was passed:-

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

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet no. 371 of 2021 dated 24.11.2021 relating to case crime no. 128/2021 under Section 452, 504, 506, 307 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Simbhawali, District Hapur alongwith cognizance order dated 9.2.2022 passed by Additional Civil Judge (Junior Division)/ Judicial Magistrate, Garhmukteshwar, Hapur and entire proceedings of criminal case no. 120/2022 (State vs. Satvir and others).

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Learned counsel for the applicants submits that in the alleged incident none has received any injury. The parties have reconciled their differences and a compromise has been entered between them, copy of compromise deed dated 1.10.2022 has been annexed as Annexure 6 to this affidavit wherein it has been mentioned that opposite party no.2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.

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Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.

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In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within two weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

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The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

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Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.

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With the aforesaid directions, this application is finally disposed of. "

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In compliance of the aforesaid order dated 12.12.2022, compromise has been verified vide order dated 05.01.2023 in the presence of the parties alongwith their respective counsels. A true/certified copy of the aforesaid order dated 05.01.2023 has been annexed as Annexure No.10 to this application.

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Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.

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Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicants.

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Before proceeding any further it shall be apt to make a brief reference to the following cases:-

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

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2. Nikhil Merchant Vs. Central Bureau of Investigation;

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(2008) 9 SCC 677,

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3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, 4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, 5. 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 entire proceedings of Criminal Case No.120 of 2022 (State vs. Satvir and others), arising out of Case Crime No.128 of 2021, under sections 452, 504, 506, 307 IPC and Section 7 of Criminal Law Amendment Act, police stationSimbhawali, district-Hapur, pending in the court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Garhmukteshwar, Hapur is hereby quashed.

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

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A copy of this order be certified to the lower court forthwith.

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Order Date :- 10.5.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Satvir and 2 Others v. State of U.P. and Another

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Satvir and 2 Others v. State of U.P. and Another

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