Sonu vs State Of U.P. And Another
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Allahabad High Court

Sonu vs State Of U.P. And Another on 7 December, 2023

Author: Dinesh Pathak

Bench: Dinesh Pathak

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:232442
 
Court No. - 90
 
Case :- APPLICATION U/S 482 No. - 16172 of 2019
 
Applicant :- Sonu
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mayank Srivastava,Dhirendra Kumar Srivastava
 
Counsel for Opposite Party :- G.A.,Sunil Kumar Singh
 

 
Hon'ble Dinesh Pathak,J.
 

1. Learned counsel for the applicant has filed a certified copy of the compromise and a certified copy of the compromise verification report dated 2.11.2023 along with the supplementary affidavit today in the court, which is taken on record.

2. Heard learned counsel for the applicant, learned Opposite Party No. 2, learned AGA and perused the record.

3. The present applicant has invoked the inherent power of this Court under Section 482 CrPC beseeching the quashing of charge sheet No. 1 dated 29.11.2016 in Case Crime No. 261 of 2016, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Chakia District Chandauli as well as entire proceeding of Session Trial No. 83 of 2018 (State vs. Sonu) pending in the court of Additional District Judge Ist, Chandauli on the basis of compromise.

4. Having considered the marital relationship between the applicant and the prosecutrix, and the birth of child out of their wedlock, this Court, vide order dated 6.5.2019, has granted interim relief to the present applicant. At later stage, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Opposite Party No. 2 has filed his affidavit sworn on 7.8.2023 with an averment that his daughter has solemnized marriage with the applicant and they are blessed with two children. He has shown his willingness to withdraw the case on the basis of compromise. A copy of the compromise has also been filed along with the affidavit. Having considered the amicable settlement arrived at between the parties, this Court, vide order dated 17.10.2023, has directed the parties to get their compromise verified. The court concerned was directed to submit a verification report accordingly. For ready reference, the order dated 17.10.2023 is quoted hereinbelow:-

"1. Heard learned counsel for the applicant and learned counsel for the private-respondent no.2 a well as learned A.G.A for the State.

2. It is submitted by learned counsel for the applicant that the present applicant and the prosecutrix have solemnized their marriage and blessed with two children. Having considered the marital status of the parties and birth of a child, this court, vide order dated 06.05.2019, has granted interim relief to the present applicant.

3. Respondent no.2 has filed the affidavit dated 16.08.2023 with an averment that his daughter and applicant no.1 have solemnized their marriage and blessed with children, therefore, prosecutrix is not interested to prosecute the matter against the applicant no.1. It is further stated in the supplementary affidavit that both the parties have arrived at compromise, therefore, instant matter may be decided on the basis thereof.

4. Learned counsel for the respondent no.2 has nodded the factum of compromise took place between the parties and urged that respondent no.2 is no more interested to prosecute the instant matter against the applicant no.1, therefore, criminal proceeding may be quashed.

5. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 1/2.11.2023 and file their compromise application. Learned trial court, on the compromise being filed, shall verify the same in presence of both the parties, after recording their statement, and submits its verification report within one month from the date of first appearance of the parties.

6. List this matter on 07.12.2023, along with verification report, if any, submitted by the court concerned.

7. Interim order, if any, is extended till the next date of listing.

8. Office is directed to print the name of Shri Rajendra Singh, as learned counsel for the applicant."

5. In pursuance of the order dated 17.10.2023 passed by this Court, Special Judge, POCSO Act, Chandauli has submitted a verification report dated 2.11.2023 along with a copy of compromise application and the compromise verification order dated 2.11.2023. The compromise verification order reveals that both the parties have appeared through their counsel and they have been identified by the respective counsel. The contents of the compromise has also been spelt out to the parties, who have admitted the factum of compromise and stated that they have voluntarily entered into compromise without any duress or coercion.

6. Learned counsel for the applicants submits that in the above eventuality of the compromise took place between the parties and the compromise verification order dated 2.11.2023, the instant application may be allowed and the criminal proceeding initiated against the present applicants may be quashed. It is further submitted that both the parties have buried the hatchet and there is no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the applicant has relied upon the following judgments of the Hon'ble Apex Court :-

(i) B.S.Joshi & Others Vs. State of Haryana & Others; (2003) 4 SCC 675.

(ii) Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 667.

(iii) Manoj Sharma Vs. State & Others; (2008) 16 SCC 1.

(iv) Gyan Singh Vs. State of Punjab (2012) 10 SCC 303.

(v) Narindra Singh & Others Vs. State of Punjab (2014) 6 SCC 466.

7. In a recent judgment passed by a Three Judges' Bench of the Apex Court in the Case of Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, reported in AIR 2017 SC 4843, Hon'ble Supreme Court has summarized the ratio of all the cases decided earlier with respect to quashing of F.I.R./charge-sheet/criminal proceeding on the ground of settlement between the parties and expounded the ten categories in which application under Section 482 could be entertained for quashing the F.I.R./charge-sheet/criminal proceeding on the basis of compromise. Para no. 15 of the said judgement summarizing the proposition in this respect is reproduced below:-

"15. (i) Section 482 preserves the inherent power 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;

(ii) 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.

(iii) In forming an opinion whether a criminal proceeding or compliant 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;

(iv) 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;

(v) 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;

(vi) In 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 approximately 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;

(vii) 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 insofar as the exercise of the inherent power to quash is concerned;

(viii) 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;

(ix) 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

(x) There is yet an exception to the principle set out in propositions (viii) and (ix) 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."

8. Learned AGA has no objection, in case, the instant application is decided by this Court on the basis of compromise took place between the parties, which is duly verified by the court concerned.

9. Learned counsel for the Opposite Party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, if the instant application is decided finally on the basis of the said compromise. He also submits that compromise was verified in presence of both the parties, who have voluntarily entered into compromise and Opposite Party No. 2 does not wants to prosecute the present case against the applicant any more as no dispute remains between the parties.

10. Having considered the compromise verification order dated 2.11.2023 and with the assistance of the aforesaid guidelines, keeping in view the nature of gravity and severity of the offence, which are more particular in private dispute, it is deemed proper that in order to meet the ends of justice, the present proceeding should be quashed. In result, dispute between the parties will put to an end, peace will be resorted and relationship between them will be smooth. No useful purpose would be served to keep the present matter pending inasmuch as both the parties have buried the hatchet and as the time passes, it will be difficult to prove the guilt of the accused. The continuation of criminal proceeding would cause oppression and prejudice.

11. In view of the aforesaid pronouncements of the Hon'ble Apex Court and in the light of the compromise arrived at between the parties, which has been duly verified by the concerned court below, the present application under Section 482 Cr.P.C. is hereby allowed. The entire criminal proceeding of the aforementioned case is hereby quashed.

12. Let a copy of the order be transmitted to the concerned lower Court for necessary action.

Order Date :- 7.12.2023

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