Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:72853 Court No. - 52 Case :- APPLICATION U/S 482 No. - 2324 of 2021 Applicant :- Sunita Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Tej Kulshrestha,Vinay Singh,Virendra Kumar Gupta Counsel for Opposite Party :- G.A.,Sandeep Saxena Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Ramesh Kumar Pandey, learned counsel for the applicant, Mr. Ved Mani Sharma, Advocate holding brief of Mr. Sandeep Saxena, learned counsel for the opposite party no.2 as well as Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record. The present 482 Cr.P.C. application has been filed with the prayer to quash the charge sheet dated 25.07.2020 along with the entire proceedings of Case No.25143 of 2020 (State vs. Ashwani and Others), arising out of Case Crime No.550 of 2020, under Sections 498-A, 323, 504, 352, 308, 336, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Kavi Nagar, District- Ghaziabad, pending before the court of learned Chief Judicial Magistrate, Ghaziabad, on the basis of compromise. On 18.11.2024, the following order was passed :-
"1. Heard learned counsel for the applicant as well as learned counsel for the respondent no.2 and learned AGA for the State respondent. 2. Learned counsel for the applicant has filed a supplementary affidavit today in Court, which is taken on record. Office is directed to proceed accordingly. 3. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the entire proceeding as well as Charge sheet dated 25.07.2020 in Case No. 25143 of 2020 (State Vs. Ashwani and Others), under Sections 498-A, 323, 504, 352, 308, 336, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, arising out of Case Crime No. 550 of 2020, Police Station- Kavi Nagar, District- Ghaziabad, pending before learned Chief Judicial Magistrate, Ghaziabad. 4. Learned counsel for the applicant submits that during pendency of the criminal proceeding, both the parties have settled their dispute amicably out of the Court and inked compromise dated 10.10.2024 (Annexure no. SA-3 to the supplementary affidavit), which has been filed before the court below. It is next submitted that in changed scenario both the parties have buried the hatchet and have no grudges against each other. Therefore, instant application may be allowed on the basis of the compromise and criminal proceedings may be quashed to observe peace and tranquility between the parties.
5. Learned counsel for the opposite party No. 2 has nodded the submissions as advanced by counsel for the applicant and admitted the factum of the compromise entered into between the parties. It is further contended that now opposite party no.2 is no more inclined to pursue the criminal proceeding against the present applicant, thus, the criminal proceedings may be quashed on the basis of compromise. 6. Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise. 7. In this conspectus, as above, court concerned before whom compromise application dated 10.10.2022 has been filed, shall verify the compromise in presence of both the parties after recording their statement and submit a verification report within a period of one month from the date of appearance of the parties who are hereby directed to appear before the court below on 04/5.12.2024. 8. List this matter on 10.02.2025 before the appropriate court along with verification report, if any. 9. Till the next date of listing, further proceeding in aforesaid criminal case shall remain stayed against the present applicant." In compliance of the aforesaid order dated 18.11.2024, a letter of the concerned Court of Session Judge, Ghaziabad dated 16.01.2025 has been placed on record mentioning therein about the compromise between the parties being verified on 13.01.2025 as is evident form office report dated 07.02.2025.
Learned counsel for the applicant 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. Learned A.G.A. for the State as well as learned counsel for the opposite party no.2 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. 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, 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. 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. Accordingly, the entire proceeding of Case No.25143 of 2020 (State vs. Ashwani and Others), arising out of Case Crime No.550 of 2020, under Sections 498-A, 323, 504, 352, 308, 336, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Kavi Nagar, District- Ghaziabad, pending before the court of learned Chief Judicial Magistrate, Ghaziabad, on the basis of compromise, are hereby quashed. The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be sent to the lower court forthwith.
Order Date :- 6.5.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad