DILSHAD Vs. STATE OF U. P

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned AGA for the State. The instant application under Sec. 482 Cr.P.C. has been filed by the applicants for quashing the charge sheet No. 1320 of 2021, dtd. 6/12/2021 as well as entire proceeding of Case No. 7587 of 2022 (State vs. Dilshad and others), arising out of Case Crime No. 1074 of 2021, under Ss. 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S.-Kotwali City, District Bulandshahr, pending in the Court of Chief Judicial Magistrate, Bulandshahr, on the basis of the compromise. The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise deed dtd. 9/6/2023 annexed in the affidavit. Thereafter, this Court, vide order 3/7/2023, has sent the said compromise deed to the trial court with a direction to get the same verified and submit a report.

(2.) Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise deed dtd. 11/9/2023 and the same has been verified by the trial Court, vide order dtd. 11/9/2023, a copy of which has been annexed in the order sheet. Hon'ble Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others Vs. State of Gujarat and another, (2017) 9 SCC 641 has laid down the following guidelines with regard to quashing of criminal proceedings as well regarding compromise in criminal proceedings in paragraphs 16 to 16.10 of the judgement, which is quoted below:

(3.) The Hon'ble Supreme Court in Criminal Appeal No. 1489 of 2012 (Ramgopal and Another Vs. The State of M.P.), 2021 SCC OnLine SC 834, has reiterated the guidelines regarding quashing of criminal proceedings in view of compromise. Following has been observed in paragraph 18-19:-