Though list has been revised, learned counsel for the opposite party no.2 is not present to press this application. Since the opposite party no.2 was present before the court below, therefore, the case is decided at this stage.
Heard Mr. Sanjay Kumar Vishwakarma, learned counsel for the applicants and learned A.G.A. Perused the record.
The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 286/2007, dated 13.12.2007 and cognizance order dated 18.03.2008 passed by learned Additional Chief Judicial Magistrate, Court No.8, Allahabad as well as the entire proceedings of Case No. 371 of 2008 (State vs. Raju Bhartiya and others), arising out of Case Crime No. 486 of 2007, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Dhoomanganj, District- Allahabad, pending in the court of learned Additional Chief Judicial Magistrate, Court no.8, Allahabad.
On the matter being taken up, on 10.09.2020 the Court passed following order:-
"1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 286/2007, dated 13.12.2007 and cognizance order dated 18.03.2008 passed by learned Additional Chief Judicial Magistrate, Court No.8, Allahabad as well as the entire proceedings of Case No. 371 of 2008 (State vs. Raju Bhartiya and others), arising out of Case Crime No. 486 of 2007, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Dhoomanganj, District- Allahabad, pending in the court of learned Additional Chief Judicial Magistrate, Court no.8, Allahabad.
3. Learned counsel for the applicants submits that applicant no.1 is the husband of opposite party no.2 and there is a matrimonial dispute between the parties. Prior to lodging of the present F.I.R., the parties have entered into compromise, copy of compromise deed has been annexed as Annexure no.4 to this application. Subsequently, a divorce petition under Section 13 (B) of Hindu Marriage Act has been filed by mutual consent and divorce decree was obtained, copy of divorce decree has been annexed as Annexure no.5 to this application. It has further been submitted that after getting divorce, both the parties have again remarried and are living happily. It has further been submitted that since the parties have reconciled their differences and a compromise has been entered between them, therefore, the entire criminal proceedings are liable to be quashed.
4. Issue notice to opposite party no.2 returnable at an early date.
5. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and they shall be permitted to file an application for verification of the compromise document, which is annexed as Annexure no.4 to this application. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
6. List on 11th November, 2020 as fresh.
7. Till then, no coercive measure shall be taken against the applicants in the aforesaid case."
Pursuant to aforesaid order dated 10.09.2020, a report of learned Additional Chief Judicial Magistrate, Court No.8, Allahabad dated 16.12.2020 has been placed on record along with certified copy of order dated 16.12.2020 as well as compromise deed, wherein the compromise deed has been verified after ensuring ensuing presence of the parties.
It has been submitted by learned counsel for the applicants that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, the opposite party no.2 has no grievance and has no objection in quashing the impugned criminal proceedings against the applicants.
Before proceeding any further it shall be apt to make a brief reference to the following cases:
1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,
2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, 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. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
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.
Accordingly, the charge sheet no. 286/2007, dated 13.12.2007 and cognizance order dated 18.03.2008 passed by learned Additional Chief Judicial Magistrate, Court No.8, Allahabad as well as the entire proceedings of Case No. 371 of 2008 (State vs. Raju Bhartiya and others), arising out of Case Crime No. 486 of 2007, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Dhoomanganj, District- Allahabad, pending in the court of learned Additional Chief Judicial Magistrate, Court no.8, Allahabad, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be certified to the lower court forthwith.
Order Date :- 18.1.2021 JK Yadav