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2025 DAILYLAW 105135 (ALL)

SHRI KRISHNA GUPTA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/36118/2024 · 2025-01-22

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12365 Court No. - 52 Case :- APPLICATION U/S 482 No. - 36118 of 2024 Applicant :- Shri Krishna Gupta And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deenanath Mishra Counsel for Opposite Party :- G.A.,Rajnish Dubey Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Deenanath Mishra, learned counsel for the applicants, Mr. Rajnish Dubey, learned counsel for the opposite party no.2, Ms. Kirti Singh, learned counsel AGA for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 29.05.2015 and cognizance order dated 02.02.2016 as well as the entire proceedings of Criminal Case No.26 of 2016 (State vs. Shri Krishna Gupta and others), arising out of Case Crime No.63 of 2014, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Armapur, District-Kanpur Nagar, pending before the court of Judicial Magistrate II, Kanpur Nagar on the basis of compromise. 3. Earlier on 06.12.2024, the following order was passed:- "Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application under section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of criminal case no.26 of 2016 (State vs. Shri Krishna Gupta and others) arising out of Case Crime No.63 of 2014, under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act, Police Station Armapur, District Kanpur Nagar, pending in the Court of J.M. II Kanpur Nagar on the basis of compromise dated 4.10.2024 between the parties. Learned counsel for the applicant submits that the parties have amicably settled their disputes and entered into a compromise by compromise deed dated 4.10.2024 which has been placed as Annexure No.4 to the present application. Looking to the facts of the case, it is provided that the parties shall appear and file the said compromise before the Court concerned, who shall verify the same within 30 days thereafter and send his report to this Court. List this case, as fresh on 7.1.2025 along with the verification report. Till the next date of listing, no coercive measures shall be taken against the applicants under the aforesaid case crime. " 4. In compliance of the aforesaid order, a report regarding verification of compromise deed has been placed on record as is evident from the office report dated 21.01.2025. A letter of the Judicial Magistrate, Court No.2, Kanpur Nagar dated 06.01.2025 has been placed alongwith certified copy of order dated 02.01.2025 vide which compromise has been verified in the presence of the parties alongwith their respective counsels. 5. 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. 6. Learned A.G.A. for the State as well as learned counsel for the opposite party no.2 does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants. 7. Before proceeding any further it shall be apt to make a brief reference to the following cases:- 1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, 2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, 3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, 4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, 5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, 8. 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. 9. 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. 10. Accordingly, the charge sheet dated 29.05.2015 and cognizance order dated 02.02.2016 as well as the entire proceedings of Criminal Case No.26 of 2016 (State vs. Shri Krishna Gupta and others), arising out of Case Crime No.63 of 2014, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Armapur, District-Kanpur Nagar, pending before the court of Judicial Magistrate II, Kanpur Nagar is hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. 12. It is always open to the parties to approach before this Court in case verification has been done by playing fraud. 13. A copy of this order be sent to the lower court forthwith. Order Date :- 22.1.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad