Allahabad High Court
Anil And Another vs State Of U.P. And Another on 23 April, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:61186 Court No. - 52 Case :- APPLICATION U/S 482 No. - 3106 of 2025 Applicant :- Anil And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Notice upon opposite party no.2 is sufficient, however, no one has put in appearance on behalf of opposite party no.2.
2. Heard Mr. Vivek Sharma, learned counsel for the applicants and Mr. Rizwan Ahmad, learned A.G.A. for the State.
3. The instant application has been filed to quash the charge-sheet dated 13.02.2023 as well as cognizance order dated 24.04.2023 and the entire proceedings of S.T. No.297 of 2023 (State Vs. Anil and others), arising out of Case Crime No.691 of 2022, under Sections 323, 324, 506 I.P.C. and Sections 3(1)(da) of SC/ST Act, Police Station- Hasanpur, District-Amroha, pending in the court of Special Session Judge, SC/ST Act, Amroha, on the basis of compromise.
4. On 04.02.2025, when the matter was taken up, the co-ordinate Bench of this Court has passed the following order:-
“1. Learned counsel for the applicants, who are 2 in number submits that though a first information report stood lodged against the applicants by O.P. No.2 purported to be under Sections 147, 148, 323, 324, 506, 379, 427(3) of IPC and Section 3(1)(Da) of SC/ST Act being FIR No.0691. However, as per the applicant, a compromise application stood filed before the Court of Special Sessions Judge/ SC/ST Act, District Amroha, which is at page-32-A of the paper-book which needs verification and in the meantime interim protection be accorded to the applicants.
2. Learned A.G.A. submits that let an appropriate direction be issued to the court below to verify the compromise.
3. Considering the submissions of the parties, it is hereby provided that the applicants shall appear before the court below along with the self-attested copy of the application under Section 482 CrPC, 1973 and the certified copy of the order on 24.02.2025, on which date, the court below shall put to notice the O.P. no.2 and thereafter fix a date in the second week of March, 2025 for the verification and the verification report be submitted to the Court on 26.03.2025 along with the fate of the compromise.
4. Put up this case on 03.04.2025 as fresh.
5. Till the next date of listing, further proceedings relating to Case Crime No.691 of 2022 (S.T. No. 297 of 2023) (State Vs. Anil and others), P.S. Hasanpur, District Amroha, pending in the Court of Special Sessions Judge/SC/ST Act, District Amroha, so far as it relates to the applicants, shall remain stayed.”
5. In compliance of the aforesaid order, compromise verification report from learned District & Sessions Judge, Special Judge (SC/ST Act) is placed on record as is evident from office report dated 02.04.2025.
6. On 03.04.2025, when the matter was taken up, the following order was passed by this Court:-
“In compliance of the earlier order dated 04.02.2025, a report regarding verification of compromise deed has been placed on record as is evident from the office report dated 02.04.2025. A letter of the Additional District and Sessions Judge/Special Judge, (SC/ST Act), Amroha dated 21.03.2025 has been placed alongwith certified copy of order dated 20.03.2025 vide which compromise has been verified in the presence of the parties alongwith their respective counsels.
This Court finds that though compromise between the parties has been verified, but there is nothing on record to show whether the compensation, if any, received by the victim has been returned or not.
The District Magistrate, Amroha shall place a report to this Court as to whether the opposite party no.2 has received any compensation or not, and in case it is found to have been received, the same has been returned or not.
Put up this case on 23.04.2025, as fresh.
In the meantime, learned AGA for the State shall also serve notice upon the opposite party no.2 in terms of the provisions contained in Section 15A(3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Learned A.G.A. as well as Registrar (Compliance) of this Court shall look into compliance of this order.
Interim order, granted earlier, shall continue till the next date of listing.”
7. In compliance of aforesaid order dated 03.04.2025, compliance report from District Magistrate, Amroha is kept on record as is evident from office report dated 22.04.2025.
8. The letter of District & Sessions Judge dated 24.03.2025 has been placed before this Court along with order dated 20.03.2025 vide which compromise between the parties has been verified. The letter of District Magistrate, Amroha dated 21.04.2025, mentions about the fact that victim compensation as given to the opposite party no.2 has been returned by way of Challan No.8801/01/DJ 22028 dated 19.07.2025.
9. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
10. Learned A.G.A. for the State as well as learned counsel for the opposite party no.2 also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, they have no objection, if the proceedings in the aforesaid case are quashed.
11. This Court is not unmindful of the following judgements of the Apex Court:
(i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,
(ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
(iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
(iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
(v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
12. In the aforesaid judgments, the 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. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
13. Considering 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 criminal case as the parties have already settled their dispute.
14. Accordingly, proceedings of charge-sheet dated 13.02.2023 as well as cognizance order dated 24.04.2023 and the entire proceedings of S.T. No.297 of 2023 (State Vs. Anil and others), arising out of Case Crime No.691 of 2022, under Sections 323, 324, 506 I.P.C. and Sections 3(1)(da) of SC/ST Act, Police Station- Hasanpur, District-Amroha, pending in the court of Special Session Judge, SC/ST Act, Amroha, on the basis of compromise, are hereby quashed.
15. The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 23.4.2025
Rahul.