Akbaleen And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 34573 ALL

Allahabad High Court

Akbaleen And 3 Others vs State Of U.P. And Another on 11 December, 2023

Author: Dinesh Pathak

Bench: Dinesh Pathak

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:234541
 
Court No. - 90
 

 
Case :- APPLICATION U/S 482 No. - 18844 of 2023
 

 
Applicant :- Akbaleen And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anjani Kumar Shahwal
 
Counsel for Opposite Party :- G.A.,Ram Sajiwan Prajapati
 

 
Hon'ble Dinesh Pathak,J.
 

1. Heard learned counsel for the applicants, learned counsel for the opposite party No. 2 as well as learned AGA and perused the record.

2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the impugned charge sheet dated 20.06.2021, cognizance order dated 13.12.2021 as well as entire proceedings of Criminal Case No.1617 of 2021 (State Vs. Akableen & others), arising out of Case Crime No.142 of 2021, under Sections 323, 504, 506 IPC, Police Station Kotwali Nagar, District Aligarh, pending in the court of Additional Chief Judicial Magistrate-III, Aligarh.

3. It is submitted by learned counsel for the applicants that showing the date of occurrence of offence i.e. 05.06.2021, cross FIR has been lodged by both the parties against each other. Instant matter is arising out of Case Crime No.0142 of 2021 lodged on behalf of the opposite party no.2 against the present applicants. However, another Application U/s 482 being Application No.18821 of 2023 filed on behalf of other side, arising out of Case Crime No.74 of 2022, has been decided finally, vide order date 21.11.2023 passed by this Court on the basis of compromise. It is further submitted that in the instant matter as well both the parties have arrived at compromise and settled their dispute amicably. Having considered the amicable settlement between the parties, this Court has passed the order dated 22.05.2023 directing the court below concerned to verify the compromise arrived at between the parties.

4. For ready reference, order dated 22.05.2023 is quoted herein below:-

" 1. List revised.

2. Sri Ram Sajiwan Prajapati, Advocate appears on behalf of the opposite party no.2 and states that he shall be filing his Vakalatnama in the office within two days. If any such Vakalatnama is filed, the office to trace out the same and place it on record.

3. Heard Sri Alok Kumar Sharma, Advocate holding brief of Sri Anjani Kumar Shahwal, learned counsel for the applicants, Sri Ram Sajiwan Prajapati, learned counsel for the opposite party no.2 and Sri B.B. Upadhyay, learned State counsel and perused the record.

4. The present application has been filed by the applicants- Akbaleen, Saif @ Azahar @ Bhoor, Sameer and Bushra with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 20.06.2021 & cognizance order dated 13.12.2021 in Criminal Case No. 1617 of 2021 (State Vs. Akbaleen & others) arising out of Case Crime No. 142 of 2021, under Sections 323, 504, 506 I.P.C., Police Station Kotwali Nagar, District Aligarh pending in the Court of Additional Chief Judicial Magistrate-III, Aligarh with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.

5. Learned counsel for the applicants argued that the parties have entered into compromise which is dated 04.05.2023, copy of the said compromise is annexed as Annexure no.5 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.

6. Looking to the facts of the case, it is provided that the applicants shall file the said compromise within a period of two weeks from today before the court concerned who shall verify the same within three weeks thereafter and send his report to this Court.

7. List on 17th July, 2023.

8. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case. "

5. In pursuance of the order dated 22.05.2023 passed by this Court, learned Additional Chief Judicial Magistrate, Court No.I, Aligarh, has submitted its verification report dated 05.06.2023 along with compromise verification order dated 05.06.2023 and copy of the compromise supported by an affidavit. Perusal of the compromise report as well as compromise verification order reveals that both the parties were present personally before the court and they have been identified by their respective counsel. The terms of the compromise has been spelled out to the parties concerned, who have admitted the factum of the compromise and, accordingly, compromise, took place between the parties, has been verified.

6. Learned counsel for the applicants submits that, in the eventuality of amicable settlement arrived at between the parties and the verification of said compromise by the court competent, the instant application may be allowed and entire criminal proceeding may be quashed. It is further submitted that both the parties have buried the hatchet and living peacefully. It is further submitted that there is no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the applicants 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 applicants any more as no dispute remains between the parties. Learned counsel for the opposite party No.2 has admitted that the entire money has been received by his client as per terms and conditions of the compromise.

10. Having considered the compromise verification report, compromise verification order 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 :- 11.12.2023

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