The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash an FIR and charge sheet based on a compromise, because the compromise deed had not yet been filed before the court below.
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Neutral Citation No. - 2024:AHC:157793
Court No. - 77
Case :- APPLICATION U/S 482 No. - 15381 of 2024
Applicant :- Anshu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ram Bahadur Singh, the learned counsel for applicants and the learned A.G.A. for State
Applicant Anshu And Sunil who are charge sheeted accused have approached this Court by means of present application under section 482 Cr.P.C. with the following prayer:
"It is therefore, Most respectfully prayed that this may graciously be pleased to quash the Charge sheet dated 5.1.2023 as well as cognizance and summoning order dated 20.04.2023 and entire proceeding in case no. 627 of 2023 ( State Vs. Anshu & others) arising out of case crime no. 64 of 2022, under Section 323,504,506,387,447 I.P.C. Police Station Khera Rathaur, District- Agra,pending before Judicial Magistrate II, Fatehabad, Agra on the basis of compromise took place between the parties.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of case no. 627 of 2023 ( State Vs. Anshu & others) arising out of case crime no. 64 of 2022, under Section 323,504,506,387,447 I.P.C. Police Station Khera Rathaur, DistrictAgra,pending before Judicial Magistrate II, Fatehabad, Agra on the basis of compromise took place between the parties during the pendency of present criminal misc. application under section 482 of Cr.P.C. before this Hon'ble Court. And/ Or pass such other and further order as this Hon'ble Court may deem fit and proper under the circumstances of the case."
Learned counsel for applicant submits that during pendency of aforesaid proceedings parties amicably settled their dispute outside the Court. On the basis of settlement arrived at by the parties, a compromise was drawn. Thereafter the compromise so entered into by parties was reduced to writing. Copy of same has been brought on record as Annexure-5 to the affidavit.
At this stage, the Court raised a pointed query as to whether the said compromise has been filed before Court below or not. Learned counsel for applicants fairly submits that the said
compromise has not yet been filed before Court below.
In view of above the present application is misconceived at this stage.
It is accordingly dismissed at this stage.
Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photo copies of the same to be kept on record.
Order Date :- 26.9.2024 Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application to quash proceedings based on a compromise can be entertained if the compromise has not been filed before the court below?
2 provisions across 2 enactments
Anshu And Another
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
