Farukh and 4 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 5138 of 2023 Applicant :- Farukh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Singh,Rishabh Kashyap Counsel for Opposite Party :- G.A.,Mahesh Kumar Dubey Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned AGA for the State, Shri Mahesh Kumar Dubey, learned counsel for opposite party no.2 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash NBW order dated 06.10.2016 as well as entire proceedings of Complaint Case No. 1001 of 2011 (Choti Vs. Farukh and others), under Sections 323, 504, 506, 452, 324 and 392 IPC, Police Station Swar, District Rampur, pending in the court of A.C.J.M, Court No. 2, Rampur.

¶3Learned counsel for the applicants has submitted that on account of certain misunderstanding and misgivings, the instant complaint case was instituted against the applicants, however subsequently, with the intervention of respected members of the family and society, the parties have amicably and genuinely settled their all disputes and differences in order to maintain harmonious and cordial relations between them and now, they do not have any grievance against each other.

¶4Learned counsel for the applicants has next drawn the attention of this Court to the compromise deed dated

22.12.2022 drawn between the parties, a copy of which has been annexed as Annexure 4 to this application.

¶5This Court vide its order dated 13.02.2023 had directed the parties to appear before the court below and file a copy of the said compromise deed, which shall be verified by the court below and after verification of the compromise, a report be submitted to this Court.

¶6Pursuant to the said order dated 13.02.2023, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, an order dated 20.03.2023 has been passed by the court below verifying the said compromise, a copy of which has been annexed with the record of the present application and shall form part of the same.

¶7Learned counsel for the applicants has next submitted that in view of the said compromise as well as report of the court below and in order to maintain harmonious and cordial relations between the parties, entire proceedings against the applicants be quashed.

¶8Learned counsel for opposite party no.2 has also appeared and, on instructions, has acknowledged the said compromise. He has further stated, on instructions, that opposite party no.2 has no objection if the entire proceedings are quashed.

¶9Learned AGA could not dispute the aforesaid facts.

¶10This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, ( 2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble 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. and another [2013

(83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.

¶11Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

¶12Accordingly, the entire proceedings of Complaint Case No. 1001 of 2011 (Choti Vs. Farukh and others), under Sections 323, 504, 506, 452, 324 and 392 IPC, Police Station Swar, District Rampur, pending in the court of A.C.J.M, Court No. 2, Rampur, Deoria, are hereby quashed.

¶13This application under Section 482 CrPC is accordingly allowed. Order Date :- 13.10.2023 Subham High Court of Judicature at Allahabad