Allahabad High Court
Shashi Prabha And Ors. vs State Of U.P. And Anr. on 11 November, 2022
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- APPLICATION U/S 482 No. - 1640 of 2018
Applicant :- Shashi Prabha And Ors.
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Diwakar Pratap Pandey
Counsel for Opposite Party :- Govt. Advocate,Lalendra Pratap Singh,Prem Prakash Singh,Santosh Kumar Srivastava
Hon'ble Brij Raj Singh,J.
Heard Shri Diwakar Pratap Pandey, learned counsel for the applicants, Shri Mukesh Sharma holding brief of Shri Lalendra Pratap Singh learned counsel for opposite party No. 2 and the learned A.G.A. for the State as well as perused the record.
The present 482 Cr.P.C. application has been filed with a prayer to quash the criminal proceedings and charge-sheet dated 22.12.2017 as well as summoning order dated 20.1.2018 passed by the learned Chief Judicial Magistrate Ambedkarnagar, in Criminal Case No.4051 of 2017 State vs. Shashi Prabha and others, arising out of Crime No.136 of 2015 under Section 316/420/120-B Indian Penal Code, Police Station Sammanpur, District Ambedkarnagar.
Learned counsel for the applicants submitted that along with Supplementary Affidavit which has been filed on 24.1.2020 a copy of the compromise/settlement before the Mediation and Conciliation Center of this Court dated 13.12.2019 has been annexed. As per terms and condition of the compromise, it has been decided that both the parties shall not initiate any legal proceedings against each other in future regarding instant matrimonial disputes.
Learned counsel for opposite party no.2 has submitted that he has no objection if the proceedings against the applicants in the aforesaid case are quashed.
Learned counsel for the applicants submitted that in view of compromise/settlement, the entire proceedings of the aforesaid criminal case are liable to be quashed.
This Court is not unmindful of the following judgements of Apex Court:
i. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675
ii. Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]
iii. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1,
iv. Gian Singh Vs. State of Punjab (2012) 10 SCC 303
v. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
vi. State of M.P. V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296]
In the aforesaid judgments, 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. And another [2013 (83) ACC 278]. in which the law expounded by the Apex court in some of the judgments noted above has been explained in detail.
Recently Apex court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur And Others Vs. State of Gujarat And Another (2017) 9 SCC 641 has laid down the following guideline with regard to quashing of criminal proceedings as well compromise in criminal proceedings in paragraphs 16 to 16.10, which read as under:
"16. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions;
16.1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;
16.2. The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
16.3. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power;
16.4. While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court;
16.5. The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;
16.6. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;
16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned;
16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;
16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and
16.10. There is yet an exception to the principle set out in propositions 16.8 and 16.9 above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance."
Considering the fact that the compromise/settlement between the parties has been entered into which is on record, both the parties being present here, counsel for the opposite party being present having no objection to this compromise/settlement as well as looking into the facts and circumstances of the case, as noted hereinabove as also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of above mentioned case.
Accordingly, the proceedings criminal proceedings and charge-sheet dated 22.12.2017 as well as summoning order dated 20.1.2018 passed by the learned Chief Judicial Magistrate Ambedkarnagar, in Criminal Case No.4051 of 2017 State vs. Shashi Prabha and others, arising out of Crime No.136 of 2015 under Section 316/420/120-B Indian Penal Code, Police Station Sammanpur, District Ambedkarnagar, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 11.11.2022
Madhu.
