Compromise can be accepted in cognizable and non-compoundable offences, provided it is verified by the court.

JUDGMENT :

Manju Rani Chauhan, J.

1. Heard Mr. Mohd. Arshad, learned counsel for the applicants, Mr. Mayank Awasthi, learned A.G.A. for the State and perused the records.

2. This application u/s 482 has been filed by the applicant with the prayer to quash charge sheet dated 15.03.2023 as well as cognizance order dated 21.04.2023 passed in Case No. 3846 of 2023 (State v. Fareed & others), arising out of Case Crime No. 319 of 2022, under Sections 498A, 323, 504, 506, 354(B) IPC and 3/4 D.P. Act, Police Station Ghaziabad Kotwali, District Ghaziabad, pending before the learned Additional Chief Judicial Magistrate, Ghaziabad-IV, Ghaziabad on the basis of compromise.

3. On 24.10.2024, the following order was passed:-

"1. Heard learned counsel for the applicants, Sri Triloki Singh, learned AGA for the State, and perused the record.

2. The present 482 Cr.P.C. application has been filed by the applicants to quash charge sheet dated 15.03.2023 as well as cognizance order dated 21.04.2023 passed in Case No. 3846 of 2023 (State v. Fareed & others), arising out of Case Crime No. 319 of 2022, under Sections 498A, 323, 504, 506, 354(B) IPC and 3/4 D.P. Act, Police Station Ghaziabad Kotwali, District Ghaziabad, on the basis of compromise entered into between the parties.

3. Learned counsel for the applicants submits that the parties have amicably settled their dispute and to that effect compromise deed has been filed. Copy of said compromise deed has been annexed as Annexure no. 4 to the affidavit, therefore, continuance of proceedings against the applicants would be futile exercise and wastage of time of the Court and will be abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab, (2012) 10 SCC 303.

4. Learned AGA does not dispute the correctness of the submissions made by the learned counsel for the applicants.

5. Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.

6. In view of the above, parties are directed to appear before the court below along with copy of compromise deed and certified copy of this order. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of four weeks from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

7. Upon due verification of compromise, the Court below may pass appropriate order in that regard and send a report to this Court.

8. Put up this case on 26.11.2024, as fresh.

9. Till then, no coercive measure shall be taken against the applicants in the aforesaid case."

4. In compliance of the order, compromise verification report is placed on record as is evident from office report dated 05.02.2025. The letter of Additional Chief Judicial Magistrate, Court No.06, Ghaziabad dated 20.01.2025 has been placed on record along with order dated 18.01.2025 vide which compromise has been verified between the parties.

5. 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.

6. Learned A.G.A. for the State 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.

7. This Court is not unmindful of the following judgements of the Apex Court:

(i) B.S. Joshi and others Vs. State of Haryana a