Court No. - 81
Case :- APPLICATION U/S 482 No. - 28109 of 2019 Applicant :- Raj Bahadur And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Pratap Singh, Ram Sharan Giri Counsel for Opposite Party :- G.A., Upendra Kumar Tiwari
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Vijay Pratap Singh, learned counsel for the applicants, Sri Upendra Kumar Tiwari, learned counsel for opposite party no. 2 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 06.03.2019 passed by Additional Chief Metropolitan Magistrate, Court No. 2, Kanpur Nagar in Complaint Case no. 8065 of 2018 (Pawan Kumar vs. Raj Bahadur and others), under Sections 323, 504, 506 I.P.C., Police Station Naubasta, District - Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate, Court No. 2, Kanpur Nagar.
On 22.07.2019, matter was referred to the Mediation and Conciliation Centre of this Court and the parties have settled the dispute before the Mediation and Conciliation Centre with the following terms and conditions:
"6. The following settlement has been arrived at between the Parties hereto:-
a) That the parties have already entered into a settlement dated 11.12.2019 before Delhi Govt. Mediation & Conciliation Centre, Delhi Disputes Resolution Society (Regd.) which is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court. The contents of aforesaid settlement have been read over to the parties and they reaffirm and reiterate the terms and conditions therein and accordingly undertake to abide by the same. The terms and conditions of aforesaid settlement are quoted herein below.
i. It is agreed that both parties have resolved their disputes and differences and agreed to reconcile their matrimonial relationship.
ii. It is agreed between the parties that the Complainant Ms. Asha will join back her matrimonial house situated at R/o - Village & Post Sajeti, Tehsil Ghatampur Dist. Kanpur Nagar, U.P.-208001 from 20/01/2020.
iii. It is agreed between the parties that they will not quarrel with each other or use any un-parliamentary language, will not create any violence in future and shall co-operate with each other to solve all problems coming in their lives with the cooperation of each other.
iv. It is further agreed that the respondent Mr. Pawan Sahu will not give any physical torture to this wife Ms. Asha.
v. It is agreed between the parties that the In-Laws of both the parties will not interfere in their matrimonial life.
vi. Both the parties have promised to each other that they will respect each other from core of their heart and maintain cordial atmosphere in the interest of the family welfare.
vii. It is agreed that all house hold expenses will be borne by Mr. Pawan Sahu (Party No. 2) including the welfare of Ms. Asha in all respect.
viii. That the respondent Mr. Pawan Sahu will give an amount of Rs. 1000/- (Rupees One Thousand Only) per month in cash to his wife Ms. Asha @ Shobha for her personal expenses.
ix. It is agreed that the Complainant - Ms. Asha @ Shobha shall withdraw her complainant from the CAW Cell - Sri Niwas Puri within 30 days from today in view of this settlement.
x. Both the parties herein agree to withdraw all legal case(s) if any whatsoever manner pending before any appropriate forum/court on or before 15/01/2020.
xi. That both the parties hereby agree and undertake not to file/initiate any application, complain case, civil or criminal against each other or their family members at any platform, forum or court in any manner whatsoever henceforth in view of this settlement.
xii. Both the parties agrees to remain bound by this settlement."
After settlement before the Mediation and Conciliation Centre, compromise was filed before the concerned court below, therefore, by order dated 03.03.2020, this Court directed for verification of the same.
On 08.12.2020, following order was passed.
"Learned counsel for the applicants, learned counsel for the informant and learned A.G.A. for the State are present.
It appears that learned Additional Chief Metropolitan Magistrate, Kanpur Nagar vide letter dated 19.3.2020 has mentioned that the photostat of the compromise verified by the Court is being sent with the application.
Learned Additional Chief Metropolitan Magistrate, Kanpur Nagar is directed to submit the original compromise, which has been verified keeping a photostat with the trial court.
List this case in the week commencing 4.1.2021.
Office is directed to communicate this order to the concerned Magistrate, for compliance forthwith."
In compliance of the aforesaid order, a report of Additional Chief Metropolitan Magistrate-III, Kanpur Nagar dated 21.12.2020, compromise between the parties has been verified after ensuring the presence of the parties.
Before proceeding any further it shall be apt to make a brief reference to the following cases :
(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;
In the aforesaid judgments, the Hon'ble Apex Court has categorically held that the 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 expatiated in detail.
From a perusal of the record, it appears, the real dispute between the parties were civil and private in nature and criminal prosecution arose incidentally and not as a natural consequence of the real occurrence. It is further apparent that the parties have entered into compromise and they further appear to have settled their aforesaid real disputes amicably. In such circumstances, it is apparent that merits and truth apart, the proceedings in trial, if allowed to continue, may largely be a waste of precious time by the learned court below.
Considering the facts and circumstances of the case regarding the compromise entered into between 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 as the parties have already settled their dispute.
Accordingly, entire proceedings of Complaint Case no. 8065 of 2018 (Pawan Kumar vs. Raj Bahadur and others), under Sections 323, 504, 506 I.P.C., Police Station Naubasta, District - Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate, Court No. 2, Kanpur Nagar, is hereby quashed.
The present 482 Cr.P.C. application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 5.1.2021 Priya