Allowed

Zaheer Ahmad and 5 Others v. State of U.P. and Another

Allahabad HC29 Mar 2023A482/5356/2023

Case brief

AI extract

What is this about?

This Court allowed an application to quash criminal proceedings under Section 482 Cr.P.C. based on a verified compromise deed between the applicant and the complainant, holding that no useful purpose would be served by continuing the trial after the dispute was amicably settled.

What did the court decide?

The proceedings of Case No. 1521 of 2008 under cited IPC sections pending before the Judicial Magistrate, Thakurdwara are hereby quashed.

Zaheer Ahmad and 5 Others Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 5356 of 2023

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Applicant :- Zaheer Ahmad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.,Ajay Kumar Mishra

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Hon'ble Shiv Shanker Prasad,J.

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

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Heard learned counsel for the applicants, the learned Additional Government Advocate for the State, and Mr. Ajay Kumar Mishra, learned counsel for opposite party no.2 as well as perused the materials on record.

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This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 20th November, 2018 as well as the entire proceedings of Case No. 1521 of 2008 (State Vs. Zaheer Ahmad & Others), arising out of Case Crime No. 328 of 2018, under Sections 147, 148, 452, 427, 323, 324, 504 and 506 I.P.C., Police Station-Thakurdwara, District-Moradabad pending in the Court of learned Judicial Magistrate, Thakurdwara, Moradabad.

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On 14.02.2023, the Court has passed following order:

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"Heard Mr. Rajesh Kumar Yadav, learned counsel for the applicants, Ajay Kumar Mishra, learned counsel for opposite party no.2 and the learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 20th November, 2018 as well as the entire proceedings of Case No. 1521 of 2008 (State Vs. Zaheer Ahmad & Others), arising out of Case Crime No. 328 of 2018, under Sections 147, 148, 452, 427, 323, 324, 504 and 506 I.P.C., Police Station-Thakurdwara, DistrictMoradabad pending in the Court of Judicial Magistrate, Thakurdwara, Moradabad on the basis of compromise entered into between the parties.

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Learned counsel for the applicants submits that the applicants and opposite party no.2 have settled their disputes amicably and arrived at a compromise. The compromise deed has been filed before the court below and a copy of the same has also been enclosed as Annexure-4 to the affidavit accompanying the present application. It is, thus, contended that proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303.

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Learned counsel for opposite party no.2 also does not dispute the correctness

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of the submissions made by the learned counsel for the applicants.

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Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.

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Put up this case on 29th March, 2023 as fresh before the appropriate Bench.

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Learned counsel for the parties undertake that they shall make a fresh compromise deed along with an application before the court below within a week from today for verification of the aforesaid compromise. They further undertake to ensure their presence before the court below or any other transferee court, as the case may be, on 2nd March, 2023 and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.

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Office is directed to send through FAX a copy of this order within 24 hours.

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Parties are also directed to produce certified copy of this order along with a fresh compromise application before the court concerned within a week from today.

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Till the next date of listing, no coercive steps would be taken against the applicants in the aforesaid criminal case."

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Pursuant to the above order, the learned Judicial Magistrate, Thakurdwara, Moradabad vide order dated 02.03.2023 has verified the compromise so entered into between the parties. Certified copies of the order of the learned Judicial Magistrate, Thakurdwara, Moradabad dated 02.03.2023 and the compromise have been brought on record as annexure no. S.A.-1 to the supplementary affidavit.

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Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the concerned Magistrate, the entire proceedings of the aforesaid case are liable to be quashed.

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Learned counsel for opposite party no.2 has also not denied the aforesaid facts. On instructions received from opposite party no.2, he submits that he has no objection, if the proceedings in 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 ;

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(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 case as the parties have already settled their dispute.

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Accordingly, the proceedings of Case No. 1521 of 2008 (State Vs. Zaheer Ahmad & Others), arising out of Case Crime No. 328 of 2018, under Sections 147, 148, 452, 427, 323, 324, 504 and 506 I.P.C., Police Station-Thakurdwara, District-Moradabad pending in the Court of learned Judicial Magistrate, Thakurdwara, Moradabad are hereby quashed.

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

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Order Date :- 29.3.2023 SK Srivastava

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Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Zaheer Ahmad and 5 Others v. State of U.P. and Another

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Zaheer Ahmad and 5 Others v. State of U.P. and Another

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