Ram Dulari and Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 26329 of 2012 Applicant :- Ram Dulari And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- M.P. Singh,Arun Kumar Tiwari Counsel for Opposite Party :- Govt.Advocate,R.S.Singh,Ram Janam Singh,Sanjay Pratap Singh Hon'ble Rajiv Gupta,J.

¶1Learned counsel for the applicants has filed a supplementary affidavit today in Court, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with the prayer to quash summoning order dated

21.05.2012 as well as entire proceedings of S.S.T No. 103 of 2011 (Smt. Ram Pyari Vs. Ram Krishan and others), under Sections 394, 323 and 506 IPC, Police Station Shivali, District Kanpur Dehat, pending in the court of Special Judge (D.D.A.), Ramabai Nagar.

¶4Learned counsel for the applicants has submitted that applicant no.1 is the real sister of opposite party no.2 and on account of certain misunderstanding and misgivings, the instant criminal 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.

¶5Learned counsel for the applicants has next drawn the attention of this Court to the compromise deed dated

30.11.2019 drawn between the parties, a copy of which has been annexed as Annexure-1 to the compromise application.

¶6This Court vide its order dated 25.01.2023 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.

¶7Pursuant to the said order dated 25.01.2023, 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

08.02.2023 has been passed by the court below verifying the said compromise.

¶8Learned 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 who are real sisters, entire proceedings against the applicants be 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 S.S.T No. 103 of 2011 (Smt. Ram Pyari Vs. Ram Krishan and others), under Sections 394, 323 and 506 IPC, Police Station Shivali, District Kanpur Dehat, pending in the court of Special Judge (D.D.A.), Ramabai Nagar, are hereby quashed.

¶13This application under Section 482 CrPC is accordingly allowed. Order Date :- 8.11.2023 Subham High Court of Judicature at Allahabad