Allowed

Ravindra Singh and 2 Others v. State of U.P. and Another

Allahabad HC28 Mar 2023A482/4381/2023

Case brief

AI extract

What is this about?

The High Court quashed proceedings under Section 482 CrPC involving Sections 498-A, 323, 504, 506 IPC. The court relied on a verified compromise and precedent allowing settlement in cognizable offences, ruling no useful purpose would be served by continuing the trial.

What did the court decide?

The entire proceedings of Charge-Sheet dated 16.06.2021 and Cognizance/Summoning order dated 02.09.2021 in Case No. 15858 of 2021 were quashed.

Ravindra Singh and 2 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 4381 of 2023

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Applicant :- Ravindra Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.,Ravikar Pandey

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Certified copy of the verification order has been passed on to Court, which is taken on record.

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Heard Mr. Satyam Narayan, learned counsel for the applicants, Mr. Ravikar Pandey, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record.

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On 10.02.2023, the following order was passed:-

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"Sri Ravi Kar Pandey, Advocate has filed his Vakalatnama today in the Court, which is taken on record.

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Heard Satyam Narayan, learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. for the State.

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This application has been moved with the prayer to quash the entire proceeding, as well as Charge-Sheet dated 16.06.2021 and Cognizance/Summoning order dated 02.09.2021 in Case No. 15858 of 2021 - (State vs. Ravindra Singh and others), under Sections 498-A, 323, 504, 506 of I.P.C and Section 3/4 D.P. Act, arising out of Crime No. 16 of 2020, Police Station- Mahila Thana, District Meerut, pending in the Court of Civil Judge (Junior Division), F.T.C(Offence against Women), Meerut, on the basis of compromise between the parties.

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Learned counsel for the applicants states that matter has been compromised between the parties. He further states that the compromise dated 12.12.2022 (Annexure-4) has been filed before the court below but same has not been verified as yet by the learned court below.

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In view of the above, it is provided that in case the parties appear before the trial Court along with certified copy of this order, it is expected that the Trial Court may verify the compromise-deed by a speaking order and thereafter will transmit the verified compromise deed to this Court. The certified copy of the order along with verified compromise deed may also be obtained by the parties which may be filed through supplementary affidavit.

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Since, the parties have arrived for some amicable settlement regarding which compromise duly arrived at between the parties is pending verification before

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learned court below and, therefore, it would be in the interest of justice to protect the right of the applicant pending final disposal of the matter. Learned counsel also submits that as the parties have entered into amicable settlement, there is no likelihood of conviction in the matter.

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As an interim measure, till the next date of listing, no coercive action shall be taken against the applicant.

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Put on 28th March, 2023, as fresh. "

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In compliance of the aforesaid order, the Court concerned has verified the compromise vide order dated 15.03.2023 in presence of the parties along with their respective counsels. Certified copy of the verification order has been passed on to the Court, is placed on record.

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Learned counsel for the parties submit that in view of the aforesaid compromise being verified by the court concerned, the entire proceedings of the aforesaid case may be quashed by this Court.

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Learned A.G.A. for the State also affirms that the parties have entered into compromise, he has no objection if the proceedings of the aforesaid case are quashed.

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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; and

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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.

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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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd

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February, 2021) 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 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 criminal case as the parties have already settled their dispute.

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Accordingly, the entire proceedings of Charge-Sheet dated 16.06.2021 and Cognizance/Summoning order dated 02.09.2021 in Case No. 15858 of 2021 - (State vs. Ravindra Singh and others), under Sections 498-A, 323, 504, 506 of I.P.C and Section 3/4 D.P. Act, arising out of Crime No. 16 of 2020, Police Station- Mahila Thana, District Meerut, pending in the Court of Civil Judge (Junior Division), F.T.C(Offence against Women), Meerut, on the basis of compromise, are hereby quashed .

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The application is, accordingly, allowed .

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Order Date :- 28.3.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Ravindra Singh and 2 Others v. State of U.P. and Another

Case brief

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Ravindra Singh and 2 Others v. State of U.P. and Another

Case brief

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