Allahabad High Court
Nasir vs State Of U.P. And Another on 18 August, 2022
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- APPLICATION U/S 482 No. - 18604 of 2022
Applicant :- Nasir
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Jagadish Prasad Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 19.06.2019 as well as cognizance order dated 05.12.2019 passed by learned Additional District and Sessions Judge, Court No.13, District Moradabad in Sessions Trial No. 934 of 2019, (State Vs. Nasir) arising out of Case Crime No. 46 of 2019 under Sections 376-D, 452 I.P.C. and Section 67 of Information Technology Act, Police Station Mainather, District Moradabad as well s to quash the proceedings of the aforesaid case.
Learned counsel for the applicant submits that the daughter of the opposite party no.2 has solemnised marriage out of her own free and consent and is residing with the applicant without any threat or coercion. He further submits that the deponent of the instant case is the victim herself. He next submits that since the victim has solemnised marriage with the applicant out of her own volition, therefore, the proceedings against the applicant is bad in law and is liable to be quashed. Learned counsel for the applicant has placed reliance on a judgement of Hon'ble Apex in the matter of Gian Singh v. State of Punjab, 2012(10) SCC 303 in support of his contention.
The Apex Court in the case of Gian Singh (supra) has held in para-61 that;
"the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences Under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
Learned A.G.A. could not dispute the facts noted above.
Pursuant to the earlier order of this Court dated 02.08.2022, the victim is present before this Court, who is identified by her counsel. The victim has also stated before this Court that she has solemnised marriage with the applicant out of her own free will and consent and is living happily with the applicant. The statement of the victim recorded on a separate sheet, which has been kept as a part of the record.
Having heard learned counsel for the applicant and having perused the record, it transpires that the victim had eloped out of her own free will, love and affection and she had solemnised marriage without any force or coercion. At present, both the applicant and the victim are living happily as husband and wife and she has unambiguously stated that she has solemnised marriage with the applicant.
Perusal of the aforesaid judgment clearly bring out the settled position in law.
Considering the facts in entirety, this Court is of the opinion, that no useful purpose may be served in proceeding against the applicant and thus the entire proceedings of the aforesaid case is liable to be quashed.
Accordingly, the charge sheet dated 19.06.2019 as well as cognizance order dated 05.12.2019 passed by learned Additional District and Sessions Judge, Court No.13, District Moradabad in Sessions Trial No. 934 of 2019, (State Vs. Nasir) arising out of Case Crime No. 46 of 2019 under Sections 376-D, 452 I.P.C. and Section 67 of Information Technology Act, Police Station Mainather, District Moradabad as well as proceedings are quashed.
The application is accordingly, allowed.
Order Date :- 18.8.2022
S.Ali
