Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:29744 Court No. - 52 Case :- APPLICATION U/S 482 No. - 26194 of 2018 Applicant :- Shyam Babu And 4 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghana Ram Niranjan Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Mr. Prabha Shankar Pandey, Advocate has filed his Vakalatanama on behalf of opposite party no.2 today in the Court, which is taken on record. Supplementary affidavit filed on behalf of the applicants today in the Court, is also taken on record. Office is directed to register the same. 2. Heard Mr. Ghana Ram Niranjan, learned counsel for the applicants, Mr. Prabha Shankar Pandey, learned counsel for opposite party no.2 as well as Ms. Kirti Singh, learned A.G.A. for the State and perused the records. 3. This application u/s 482 has been filed by the applicant with the prayer to quash the entire proceedings of Complaint Case No.128 of 2010 (Smt. Shanti Devi vs. Shyam Babu and others) and summoning order dated 23.11.2010, under Sections 323, 504, 452, 506, IPC, P.S. Konch, District Jalaun, pending in the court of Judicial Magistrate, Konch, on the basis of compromise. 4. On 03.08.2018, the following order was passed in the matter:-
"Notice on behalf of opposite party-1 has been accepted by Government Advocate. Issue notice to opposite party-2. List on the date fixed in the notice. The counsel for the applicant submits that dispute between the parties has been compromised and a written compromise has been filed before the court below. In the meantime, the court below may verify the compromise and the parties are at liberty to to file papers relating to verification, on the date fixed. Till the next date of listing no coercive action shall be taken against the applicants, namely Shyam Babu, Smt. Mamta, Vibha, Saurabh and Gaurav (applicants-1 to 5) in Complaint Case No.128 of 2010 (Smt. Shanti Devi vs. Shyam Babu and others) and summoning order dated 2.11.2010, under Sections 323, 504, 452, 504, IPC, P.S. Konch, district Jalaun, pending in the court of Judicial Magistrate, Konch. However, this order will not create any obstruction in verification of the compromise. The case is released from the order of assignment."
5.
In compliance of the aforesaid order compromise has been verified by the Court of Chief Judicial Magistrate, Jalaun at Orai vide order dated 23.04.2019 in present of the parties alongwith their respective counsels, certified copy of the same has been annexed as annexure No.SA-1 to the supplementary affidavit. 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, the proceedings of Complaint Case No.128 of 2010 (Smt. Shanti Devi vs. Shyam Babu and others) and summoning order dated 23.11.2010, under Sections 323, 504, 452, 506, IPC, P.S. Konch, District Jalaun, pending in the court of Judicial Magistrate, Konch, on the basis of compromise, are hereby quashed. 12. The application is, accordingly, allowed. There shall be no
order as to costs.
Order Date :- 3.3.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad