Shiv Shanker Yadav and 3 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 37314 of 2023 Applicant :- Shiv Shanker Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saroj Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants and learned AGA for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of case no. 1198 of 2018, State Vs. Shiv Shanker, arising out of case crime no. 740 of 2017, under sections 419, 420, 467, 468, 471, 504, 506 I.P.C. P.S. Machhlishahar, District Jaunpur on the basis of verified compromise dated 17.8.2023 entered between the parties.

¶3Learned counsel for the applicants has submitted that on account of dispute between the parties over a piece of land, the instant criminal case was registered against the applicants. However, subsequently, with the intervention of respected members of both the families, the parties have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other.

¶5Learned counsel for the applicants has next drawn the attention of the Court to the settlement agreement dated 13.4.2021 supported by an afÏdavit drawn between the parties, copy of which has been filed as Annexure No. 3 to the application.

¶6Learned counsel for the applicants has next submitted that in view of said settlement agreement dated 13.4.2021, the applicants have filed an Application u/s 482 No.26771 of 2023, Shiv Shankar Yadav and 3 others Vs. State of U.P. & another in which this Court vide order dated 2.8.2023 has directed the parties to appear before the court below and file an application for verification of the original compromise which shall be verified by the court below in presence of the parties. 7 . Pursuant to the said order, both the parties appeared before the court below and in presence of both the parties the court below has verified the said compromise and order dated 17.8.2023 has been passed by the court below, a copy of which has been annexed as Annexure No. 5 to this application.

¶8Learned counsel for the applicants has next submitted that in view of the said compromise made between the parties and in order to maintain harmonious and cordial relation between the parties, the entire criminal proceedings be quashed.

¶9Learned A.G.A. could not dispute the aforesaid fact.

¶11This Court is not unmindful of the judgement of the Hon'ble Apex Court passed in the case of Narindra Singh and others Vs. State of Punjab,

(2014) 6 SCC 466, Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (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 Hon'ble Apex Court in the aforesaid cases has been explained in detail.

¶12Considering 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.

¶13Accordingly, entire proceedings of case no. 1198 of 2018, State Vs. Shiv Shanker, arising out of case crime no. 740 of 2017, under sections 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S. Machhlishahar, District Jaunpur, are hereby quashed.

¶14This application under Section 482 Cr.PC is accordingly allowed. Order Date :- 3.11.2023 R High Court of Judicature at Allahabad