Vedpal Singh Yadav @ Vedpal and Another v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 1248 of 2020 Applicant :- Vedpal Singh Yadav @ Vedpal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Chandra Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, 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 entire proceedings of Case No. 1700 of 2018 (State Vs. Vedpal Singh Yadav @ Vedpal and another), arising out of Case Crime No. 475 of 2015, under Sections 452, 323, 504, 506 and 427 IPC, Police Station Khekra, District Baghpat, pending in the court of A.C.J.M., Baghpat.

¶3Learned counsel for the applicants has submitted that on account of sudden quarrel between the parties, 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.

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

21.12.2018 drawn between the parties, a copy of which has been annexed as Annexure-3 to this application.

¶5This Court vide its order dated 10.02.2023 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 10.02.2023, 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 27.03.2023 has been passed by the court below verifying the said compromise, a copy of which has been annexed with the record of this case and shall form part of this application.

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

¶8Learned AGA could not dispute the aforesaid facts.

¶9This 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.

¶10Considering 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.

¶11Accordingly, the entire proceedings of Case No. 1700 of 2018 (State Vs. Vedpal Singh Yadav @ Vedpal and another), arising out of Case Crime No. 475 of 2015, under Sections 452, 323, 504, 506 and 427 IPC, Police Station Khekra, District Baghpat, pending in the court of A.C.J.M., Baghpat, are hereby quashed.

¶12This application under Section 482 CrPC is accordingly allowed. Order Date :- 11.12.2023/Subham High Court of Judicature at Allahabad