Allowed

Nause and 7 Others v. State of U.P. and Another

Allahabad HC27 Apr 2023A482/42581/2022

Case brief

AI extract

What is this about?

The High Court allowed the applicant's application under Section 482 Cr.P.C. to quash criminal proceedings arising from an 482 application for settlement via valid compromise deed verified in court. The court held that no useful purpose would be served by prolonging proceedings as the dispute was settled.

What did the court decide?

Quashed the entire criminal proceedings, cognizance order, and charge sheet arising out of the case.

Nause and 7 Others Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 42581 of 2022

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Applicant :- Nause And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Kumar Pandey Counsel for Opposite Party :- G.A.,Bipin Kumar

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Rajiv Kumar Pandey, learned counsel for the applicants, Sri. Vijay Pandey holding brief of Sri. Bipin Kumar Pandey, counsel for the opposite party no. 2 and 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 entire proceedings of the Crl. Case No. 11810 of 2021 (State vs Nause & Ors) as well as charge sheet no. 276 of 2021 dated 16.05.2021 and cognizance order dated 05.08.2021 arising out of case crime no. 0103 of 2021 under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kwarsi, District Aligarh, on the basis of compromise entered into by the parties.

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Earlier, on 09.02.2023, the following order was passed:-

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"Heard learned counsel for the applicants; learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the cognizance order dated 05.08.2021, charge sheet dated 16.05.2021 as well as the entire proceedings arising out of Case Crime No. 103 of 2021, under Sections - 498-A, 323, 504 and 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Kwarsi, District - Aligarh, pending in the court of C.J.M., Aligarh.

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Learned counsel for the applicants submits, since charge sheet was submitted, 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 counsel appearing for the opposite party no. 2 does not dispute the correctness of the submissions so advanced by learned counsel for the applicants.

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Accordingly, it is provided that the parties shall appear before the

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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 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 on 27.04.2023.

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Till the next date of listing, no coercive measure shall be taken against the applicants. "

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In compliance of the aforesaid order, report from learned C.J.M. Aligarh is kept on record as is evident from office report dated 26.04.2023 the letter of learned C.J.M. Aligarh dated 24.04.2023 has been placed along with compromise deed as well as order dated 24.04.2023 on which the compromise has been verified in the presence of the parties alongwith their respective counsels.

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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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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, entire proceedings of the Crl. Case No. 11810 of 2021 (State vs Nause & Ors) as well as charge sheet no. 276 of 2021 dated 16.05.2021 and cognizance order dated 05.08.2021 arising out of case crime no. 0103 of 2021 under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kwarsi, District Aligarh as well as entire proceedings of aforementioned case 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 :- 27.4.2023 Gaurav

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Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad

Nause and 7 Others v. State of U.P. and Another

Case brief

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Nause and 7 Others v. State of U.P. and Another

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