Sahil Singh and 3 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 39341 of 2023 Applicant :- Sahil Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kailash Nath Counsel for Opposite Party :- G.A.,Manoj Yadav Hon'ble Rajiv Gupta,J.

¶1Learned counsel for the opposite party no.2 has filed compromise affidavit today in Court, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, Shri Manoj Yadav, learned counsel for the opposite party no.2 and perused the record.

¶3Learned counsel for the applicants has submitted that on account of some misunderstanding and misgivings, the present criminal case has been instituted against the applicants by the opposite party no.2, however subsequently, with the intervention of respected members of both the family and the society, the parties have amicably and genuinely settled their all disputes and differences and now, they do not have any grievance against each other.

¶4Learned counsel for the applicants has next drawn the attention of the Court to the settlement agreement dated

03.09.2023 drawn between the parties, a copy of which has been annexed as Annexure 7 to this application.

¶5Learned counsel for the applicants has next submitted that in view of the said settlement agreement drawn between the parties as well as in order to maintain harmonious and cordial relations between them, the entire criminal proceedings against the applicants be quashed.

¶6Learned counsel for the opposite party no.2 has also appeared and has filed compromise affidavit and in para 7 of the said affidavit, settlement agreement drawn between the parties has been acknowledged. Further in para 11, it has been stated that in view of the compromise made between the parties, the opposite party no.2 has no objection, if the entire proceedings are quashed.

¶7Learned AGA could not dispute the aforesaid facts.

¶8This Court is not unmindful of the judgements of the Hon'ble Apex Court in the cases 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 the Hon'ble Apex Court in the aforesaid cases has been explained in detail.

¶9Considering 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 present case.

¶10Accordingly, the entire proceedings of Case No. 09 of 2023 (State Vs. Sahil Singh and Others), arising out of Case Crime No. 323 of 2022, under Sections 323, 504, 506 IPC, Police Station Badlapur, District Jaunpur, pending in the court of Additional Civil Judge (Jr. Div.), New Court No.III, Jaunpur, are hereby quashed.

¶11This application under Section 482 CrPC is accordingly allowed. Order Date :- 6.12.2023 Nadim High Court of Judicature at Allahabad