Compromise verified by the trial court can lead to quashing of criminal proceedings, even for cognizable offences, emphasizing judicial efficiency.

JUDGMENT :

Manju Rani Chauhan, J.

1. In compliance of the settlement deed dated 1.8.2023, learned counsel for the applicants, to show his bonafide, has come up with a Demand Draft of Rs. 2,00,000, dated 27.1.2025, bearing Cheque No. 088260, issued from Nainital Bank Ltd., in favour of opposite party no.2-Smt. Hemlata and the same is handed over to learned counsel for the opposite party no. 2 Abhishek Gupta after retaining photostat copy of the same in the open Court.

2. One of the condition mentioned in the compromise deed is that the demand draft of Rs. 2,00,000/- (Rs. two lacs) shall be paid to the opposite party no. 2 at the time of quashing of the chargesheet.

3. Heard Mr. Suresh Kumar Maurya, learned counsel for the applicants, Mr. Abhishek Gupta, learned counsel for the opposite party no. 2 and Mr. Rizwan Ahmad, learned A.G.A. for the State.

4. This application u/s 482 has been filed by the applicant with the prayer to quash the entire proceeding of Case No. 244 of 2022 (State vs. Ranjan Saini and others), arising out of Case Crime No. 60 of 2021, under Sections 498A, 323, 504, 427 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District-Gautam Budh Nagar, pending in the court of Civil Judge (J.D.)/F.T.C-I, Gautam Budh Nagar, as well as cognizance/summoning order dated 7.1.2022, on the basis of compromise.

5. On 23.10.2024, the following order was passed:-

"1. Memo of appearance filed by Sri Abhishek Gupta, learned Advocate on behalf of opposite party no. 2 and joint affidavit, are taken on record.

2. Heard Sri Suresh Kumar Maurya, learned counsel for the applicants, Sri Triloki Singh, learned AGA for the State, Sri Abhishek Gupta, learned counsel for opposite party no.2, and perused the record.

3. The present 482 Cr.P.C. application has been filed by the applicants to quash proceedings of Case No. 244 of 2022 (State of U.P. v. Ranjan Saini and Ors.), charge sheet dated 25.10.2021 arising out of Case Crime No. 60 of 2021, under Sections 498-A, 323, 504, 427 IPC, Section 3/4 D.P. Act, Police Station Mahila Thana, District Gautam Budh Nagar pending in the court of Civil Judge (J.D.)/ F.T.C.-I, Gautam Budh Nagar, cognizance/summoning order dated 07.01.2022 and charge framing order dated 30.05.2022.

4. 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. 6 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.

5. Learned AGA and learned counsel appearing for opposite party no. 2 do not dispute the correctness of the submissions made by the learned counsel for the applicants.

6. 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.

7. 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 within two weeks from today. 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.

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

9. Put up this cas