Allowed

Rajendra v. State of U.P. and Another

Allahabad HC3 Mar 2023A482/42135/2022

Case brief

AI extract

What is this about?

The petitioner sought to quash criminal proceedings under Section 482 CrPC based on a compromise deed. Relying on Supreme Court precedents allowing settlement in certain cognizable offences, the court held that no useful purpose would be served by continuing. Consequently, the criminal proceedings were quashed and the application allowed.

What did the court decide?

The criminal proceedings under Case No. 837 of 2022 were quashed.

Rajendra Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 42135 of 2022

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Applicant :- Rajendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shubham Prakash Gupta,Mukesh Chandra Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma, J.

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Heard Sri Mukesh Chandra Gupta, learned counsel for the applicant, learned counsel for the respondent no. 2, learned A.G.A. for the State and perused the record.

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This application has been moved with the prayer to quash the entire proceedings of Charge Sheet dated 30.04.2022 as well as proceeding of Case No. 837 of 2022 - (State of U.P. Versus Subhash and others), arising out of Case Crime No. 12 of 2022, under Sections 420, 406, 504, 506 I.P.C, Police Station Bahadurgarh, District Hapur, pending in the Court of Additional Civil Judge (Junior Division) / Judicial Magistrate, Garmuktehwar, District Hapur, on the basis of compromise between the parties, on the basis of compromise-deed dated 25.01.2023.

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In compliance of the previous order and after appearance of the parties in the concerned court and after verification of the compromise deed, a copy of the verified compromisedeed and the verification order dated 23rd January, 2023 has been submitted through supplementary affidavit, the same is kept on record.

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Learned counsel for the applicant and learned counsel for the opposite party no. 2 submits that parties settled the matter by way of compromise, copy of the report of verified compromise deed is filed today before the Court, hence proceeding and impugned order is liable to be quashed.

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The attention of this Court has been drawn to the following judgements of the Apex Court:-

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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 [2008) 9 SCC 677].

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3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

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

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

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In the aforesaid cases, 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. and 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 would be served by prolonging the proceedings of the above mentioned cases.

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In view of the above, the proceedings of the aforesaid Case are hereby, quashed.

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The application is, accordingly, allowed.

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Order Date :- 3.3.2023. Vinod.

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Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad

Rajendra v. State of U.P. and Another

Case brief

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Rajendra v. State of U.P. and Another

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