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2025 DAILYLAW 32335 (ALL)

BABITA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/21127/2023 · 2025-01-27

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14131 Court No. - 52 Case :- APPLICATION U/S 482 No. - 21127 of 2023 Applicant :- Babita And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Achyuta Nand Pandey Counsel for Opposite Party :- G.A.,Manish Kumar Singh Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Achyuta Nand Pandey, learned counsel for the applicants, Mr. Manish Kumar Singh, learned counsel for opposite party no.2 and Mr. Rizwan Ahmad, learned A.G.A. for the State and perused the records. 2. This application u/s 482 has been filed by the applicants with the prayer for quashing of the charge-sheet dated 28.5.2022 as well as entire proceedings in Case No.17518 of 2022 arising out of Case Crime No.0132 of 2022 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 DP Act, Police Station-Mahuli, District-Sant Kabir Nagar, pending in the court of Civil Judge (JD)/FTC-II, Sant Kabir Nagar, in terms of the compromise. 3. On 16.05.2024, the following order was passed in the matter:- "1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the charge-sheet dated 28.5.2022 as well as entire proceedings in Case No.17518 of 2022 arising out of Case Crime No.0132 of 2022 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 DP Act, Police Station-Mahuli, District-Sant Kabir Nagar, pending in the court of Civil Judge (JD)/FTC-II, Sant Kabir Nagar. 2. It is stated by the learned counsel for the applicants that the parties have compromised their dispute outside Court and reduced the terms of settlement to writing on affidavit. The attention of this Court has been invited to a photostat copy of the compromise recorded between the parties. 3. Let a properly done compromise be filed before the Civil Judge (JD)/FTC- II, Sant Kabir Nagar in the aforesaid case. 4. The Magistrate, upon presentation of the compromise, will verify the same by the date fixed, without fail, and, forward a copy thereof to this Court along with a certified copy of his order, verifying the compromise. 5. Issue notice to opposite party no. 2, returnable on 27.07.2023. 6. The Chief Judicial Magistrate, Sant Kabir Nagar shall ensure service upon opposite party no. 2 and submit a report regarding service, positively by the date scheduled. 7. List this application in the additional cause list on 27.07.2023. Liberty to mention. 8. Till then, no coercive action shall be taken against the applicants in the aforesaid case. 9. This order shall, however, not hinder the Magistrate in verifying the compromise. 10. Let this order be communicated to the Civil Judge (JD)/FTC-II, Sant Kabir Nagar and to the Chief Judicial Magistrate, Sant Kabir Nagar through the learned Sessions Judge, Sant Kabir Nagar by the Registrar (Compliance) within 72 hours. " 4. In compliance of the order of this Court dated 05.06.2023, compromise verification report is placed on record as is evident from office report dated 27.01.2025. The letter of In-charge Civil Judge (J.D.) FTC-2nd/ J.M., Sant Kabir Nagar dated 23.08.2024 has been placed on record along with order dated 20.08.2024 vide which compromise has been verified between the parties. 5. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court. 6. Learned counsel for opposite party no.2 and learned A.G.A. for the State also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, they have no objection, if the proceedings in the aforesaid case are quashed. 7. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). 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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 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, charge-sheet dated 28.5.2022 as well as entire proceedings in Case No.17518 of 2022 arising out of Case Crime No.0132 of 2022 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 DP Act, Police Station-Mahuli, District-Sant Kabir Nagar, pending in the court of Civil Judge (JD)/FTC-II, Sant Kabir Nagar, on the basis of compromise, are hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. Order Date :- 27.1.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad