Court No. - 53
Case :- APPLICATION U/S 482 No. - 24575 of 2018 Applicant :- Hari Shankar Prajapati And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anup Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
A supplementary affidavit has been filed today annexing therewith a copy of the compromise application filed before the Chief Judicial Magistrate-Maharajganj dated 25.01.2018 which has been verified by the learned Chief Judicial Magistrate- Maharajganj vide order dated 23.08.2018. A certified copy of the order dated 23.08.2018 is transcribed on the reverse of the application. The learned Chief Judicial Magistrate-Maharajganj has verified the compromise after due identification of all parties to the compromise by their respective learned counsel appearing before him.
On 2.08.2018 this Court had passed the following order:-
"Heard learned counsel for the applicants and the learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 22.11.2016 in Case Crime No. 610 of 2016, under Sections 419, 420, 406, 323, 504, 506 IPC, P.S. Kotwali, District Mahrajganj, pending in the court of the Chief Judicial Magistrate, Mahrajganj.
An earlier application under Section 482 Cr.P.C. had been filed by the applicants being Application U/S 482 No. 36865 of 2017 seeking to quash the proceedings of the entire case and the charge sheet where this Court vide order dated 09.11.2017 refused to quash the charge sheet and granted time to the applicants to surrender and seek bail. Now the present 482 application which is a second application for the same relief as was subject matter of the application U/S 482 No. 36865 of 2017 has been moved renewing the prayer on the ground that there are subsequent developments by way of compromise between the parties that entitles the applicant to maintain second application for the same relief. In this regard reliance has been placed upon the decision of the Hon'ble Supreme Court in State represented by D.S.P., SBCI, Chennai Vs. K.V. Rajendra and others, (2008) 8 SCC 673.
Learned counsel has invited the attention of the Court to compromise dated 25.01.2018 between the parties that has been filed, certified copy of which is annexed as Annexure-3 to the affidavit in support of the application. However, the said compromise though filed in Court has not been verified.
The Chief Judicial Magistrate, Mahrajganj where the compromise has been filed in Case No. 4267 of 2017 arising out of Case Crime No. 610 of 2016, under Sections 419, 420, 406, 323, 504, 506 IPC, P.S. Kotwali, District Mahrajganj pending in the said Court shall summon all parties who have subscribed to the compromise dated 25.01.2018 and after due identification will verify the same. A certified copy of the duly verified compromise shall be issued to the parties and also the order verifying the compromise which shall be filed before this Court on or before the next date fixed.
The Magistrate shall undertake this exercise so as to enable the parties to file a certified copy of a verified compromise before the next date fixed.
Lay this matter as fresh again on 23.08.2018.
Till 23.08.2018, no coercive steps shall be taken against the applicant in Case Crime No. 610 of 2016, under Sections 419, 420, 406, 323, 504, 506 IPC, P.S. Kotwali, District Mahrajganj, pending in the court of the Chief Judicial Magistrate, Mahrajganj, pending in the court of the Chief Judicial Magistrate, Mahrajganj.
It is made clear that the interim order passed will not hinder the Magistrate concerned in verifying the compromise as directed."
The verified compromise of which notice has been taken hereinabove has come about in consequence of the above quoted order passed by this Court earlier.
Now, that the parties have compromised all issues between them and the unequivocal stand of both parties is that the complaint/opposite party does not want to prosecute the case any further, permitting trial to continue would be an abuse of process of Court and a wastage of public time and money besides avoidable harassment of parties.
Sri Ashish Kumar, Advocate has put in appearance on behalf of opposite party no.2 and filed a short counter affidavit. He has also stood by the compromise verified before the C.J.M. concerned. The learned AGA has disclosed the stand of the State to say that the State would have no objection in case proceedings of the present case be quashed looking to the nature of the offence and the compromise between the parties.
Accordingly, this application succeeds and is allowed.
The impugned charge-sheet dated 22.11.2016 and proceedings of Criminal Case No.4267 of 2017 (arising out of Case Crime No.610 of 2016) under Sections 419, 420, 406, 323, 504 and 506 IPC, P.S. Kotwali, District Maharajganj pending in the Court of Chief Judicial Magistrate, Maharajganj are hereby quashed.
An entry shall be made in the GD of the police station concerned to the effect that proceedings of Case Crime No.610 of 2016 under Sections 419, 420, 406, 323, 504 and 506 IPC, P.S. Kotwali, District Maharajganj stand quashed under order of this Court. Learned Chief Judicial Magistrate-II, Maharajganj shall ensure compliance of this part of the order at the police station concerned.
Order Date :- 6.9.2018 Neeraj