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2025 DAILYLAW 33173 (ALL)

SMT. ANITA DEVI AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/22872/2023 · 2025-01-27

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14114 Court No. - 52 Case :- APPLICATION U/S 482 No. - 22872 of 2023 Applicant :- Smt. Anita Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.,Karunesh Narayan Tripathi Hon'ble Mrs. Manju Rani Chauhan,J. 1. Supplementary affidavit on behalf of the applicants filed today in the Court, is taken on record. Office is directed to register the same. 2. Heard Mr. Shailendra Kumar Tripathi, learned counsel for the applicants, Mr. Karunesh Narayan Tripathi, learned counsel for opposite party no.2 and Mr. Deepak Kapoor, learned A.G.A. for the State and perused the records. 3. This application u/s 482 has been filed by the applicants with the prayer for quashing of the entire proceedings, including cognizance/summoning order dated 13.04.2016, of Complaint Case No. 1129 of 2015 (Smt. Babli @ Shobha Vs. Smt. Anita Devi and another), under Sections 420, 465, 471, 504, 506 of I.P.C., P.S. Subhash Nagar, District Bareilly, pending in the court of A.C.J.M.- IInd, Bareilly, in terms of the compromise. 4. On 21.09.2024, the following order was passed in the matter:- "Supplementary affidavit filed today is taken on record. Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 420, 465, 471, 504, 506 of I.P.C. on the basis of compromise dated 2.12.2022. Original compromise has been filed by way of supplementary affidavit dated 18.9.2024. Office is directed to send original compromise to court concerned for verification immediately after retaining a photocopy of the same. Both the parties are directed to appear before the court concerned within three weeks from today. Court concerned is directed to verify the same. Applicant is directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise. List this case on 12.11.2024. Till the next date of listing, further proceedings of Case No. 1129 of 2015, under Sections 420, 465, 471, 504, 506 of I.P.C., P.S. Subhash Nagar, District Bareilly, pending in the court of A.C.J.M.-IInd, Bareilly, shall remain stayed against the applicants." 5. In compliance of the order dated 21.09.2024, compromise between the parties has been verified by learned Civil Judge (J.D.)-02/J.M., Bareilly by order dated 15.10.2024. Certified copy of the order dated 15.10.2024 has been placed on record as Annexuere No. SA-3 to the supplementary affidavit fled today. 6. 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. 7. 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. 8. 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, 9. 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. 10. 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. 11. Accordingly, entire proceedings, including cognizance/summoning order dated 13.04.2016, of Complaint Case No. 1129 of 2015 (Smt. Babli @ Shobha Vs. Smt. Anita Devi and another), under Sections 420, 465, 471, 504, 506 of I.P.C., P.S. Subhash Nagar, District Bareilly, pending in the court of A.C.J.M.- IInd, Bareilly, on the basis of compromise, are hereby quashed. 12. 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