Shiv Kumar Singh v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 44783 of 2023 Applicant :- Shiv Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, 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 complaint case no. 1156 of 2018, Preeti Chauhan Vs. Shiv Kumar & others, under section 323, 504, 506, 406 I.P.C., P.S. Kasganj, District Kasganj, pending before the Judicial Magistrate, Kasganj, District Kasganj on the basis of compromise.

¶3Learned counsel for the applicant has submitted that on account of matrimonial discord, the instant criminal case was registered against the applicant. However, subsequently, with the intervention of respected members of both the families, the parties have settled all their disputes and differences and now, they do not have any grievance against each other.

¶4Learned counsel for the applicant has next drawn the attention of the Court to the settlement agreement dated 25.7.2023 supported by an afÏdavit drawn between the parties, copy of which has been filed as Annexure No. 5 to the application.

¶5This Court vide order dated 5.10.2023 has directed the parties to appear before the court below and file an application for verification of the original compromise.

¶6Pursuant 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 forwarded its report, copy of which has been annexed as Annexure No. 8 to the application.

¶7Learned counsel for the applicant has next submitted that in view of the said compromise and in order to maintain harmonious and cordial relations between the parties, entire criminal proceedings be quashed.

¶8Learned A.G.A could not dispute the aforesaid facts.

¶10This Court is not unmindful of the judgements of the Apex Court in the cases of:-

(1). B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675.

(2). Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

(3). Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

(4). Gian Singh Vs. State of Punjab (2012) 10 SCC

303.

(5). Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. 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.

¶9Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned 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 case.

¶10Accordingly, the entire proceeding of complaint case no. 1156 of 2018, Preeti Chauhan Vs. Shiv Kumar & others, under section 323, 504, 506, 406 I.P.C. P.S. Kasganj, District Kasganj, pending before the Judicial Magistrate, Kasganj, District Kasganj, are hereby quashed.

¶11This application under Section 482 CrPC is accordingly allowed. Order Date :- 8.12.2023 R High Court of Judicature at Allahabad