Abrar and 3 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 36030 of 2023 Applicant :- Abrar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.,Sandeep Kumar Srivastava Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, Sri Alok Kumar Gupta holding brief of Sri Sandeep Kumar Srivastava, learned counsel for the opposite party No. 2, learned AGA for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed with a prayer to quash the summoning order dated 8.6.2016 as well as entire proceedings of Complaint Case No. 772 of 2023 (Mohammad Tajuddin Zuberi Vs. Abrar and others), under Sections 452, 323, 504, 506, 427 IPC, P.S. Bachhraun, District-Amroha, pending in the court of Addl. Civil Judge (Junior Division)/ Judicial Magistrate, Court No. 5, Amroha.

¶3Learned counsel for the applicants has submitted that on account of trivial dispute over plot of land, the present criminal case has been instituted against the applicants, however with the intervention of the respected members of both the family and society, the parties have amicably and genuinely settled all their 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 a settlement-agreement dated 15.5.2019 drawn between the parties, a copy of which has been annexed as Annexue No. 3 to this application.

¶5This court vide order dated 9.10.2023 had directed the parties to appear before the court below and to file the compromise and get the said compromise verified. Pursuant to the said order, the applicant appeared before the court below and filed a fresh compromise dated 9.11.2023 drawn between the parteis and in presence of the parties, the said compromise has been verified by the court below and a verification report/ order dated 9.11.2023 has been forwarded to this Court, which has been annexed to this application and shall form part of it.

¶6Learned counsel for the applicants has next submitted that in view of the compromise made between the parties and in order to maintain harmonious and cordial relations between them, entire proceedings be quashed against the applicants.

¶7Learned counsel for the opposite party no.2 has also appeared and has acknowledged the said compromise. He has further submitted, on instructions, that opposite party No. 2 has no objection, if the entire proceedings are 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, 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 the law expounded by the 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 the 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.

¶11Accordingly, the entire proceedings of Complaint Case No. 772 of 2023 (Mohammad Tajuddin Zuberi Vs. Abrar and others), under Sections 452, 323, 504, 506, 427 IPC, P.S. Bachhraun, District-Amroha, pending in the court of Addl. Civil Judge (Junior Division)/ Judicial Magistrate, Court No. 5, Amroha, are hereby quashed.

¶12This application under Section 482 CrPC is accordingly allowed. Order Date :- 13.12.2023 KU High Court of Judicature at Allahabad