Surendra Kumar Dixit And Ors. vs State Of U.P. And Anr.
2023 Latest Caselaw 3301 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 1978 of 2019
 

 
Applicant :- Surendra Kumar Dixit And Ors.
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Mithila Bakhsh Tiwari
 
Counsel for Opposite Party :- G.A.,Vineet Kumar
 

 
Hon'ble Shamim Ahmed,J.

Heard Shri Ram Pratap Tiwari holding brief of Shri M.B. Tiwari, learned counsel for the applicants, Shri Vineet Kumar, learned counsel for the opposite party no.2, Shri Tilak Raj Singh, learned AGA for the State and perused the record.

This application under section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of the Complaint Case No. 1196 of 2018 Ajay Singh Vs. Surendra Dixit and others, under sections 323,352,504,506 IPC, Police Station Nigoha, District Lucknow, pending in the court of Additional Chief Judicial Magistrate, Court no. 25, Lucknow and impugned summoning order dated 5.11.2018 passed by the Additional Chief Judicial Magistrate, Court no. 25, Lucknow in the aforesaid complaint case.

Learned counsel for the applicants submits that in compliance of the order dated 09-12-2022 passed by this Court the compromise entered between the parties has been duly verified by the Senior Registrar, High Court, Lucknow Bench, Lucknow vide order dated 16.01.2023. The said order is on record. He further submits that the dispute between the parties have already been settled and now nothing remains futher to adjudicate before this Court as well court below.

Learned counsel of the opposite party no.2 submits that the parties have entered into compromise and the verification has also been verified by the Senior Registrar, High Court, Lucknow Bench, Lucknow vide order dated 16.01.2023 and his client is not interested to pursue the matter any further and has no objection if the proceedings of the aforesaid case pending before court below are quashed.

Learned A.G.A. has submitted that he has no objection if the proceedings of the aforesaid case pending before the court below are quashed as the parties have already entered into compromise outside the court and the dispute between the parties is settled and no useful purpose would be served if the proceedings of the aforesaid case go on further.

Learned counsel for the parties has drawn the attention of this Court and placed reliance on the judgment of the Hon'ble Apex Court in support of their case.

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

(ii) Gian Singh Vs. State of Punjab 2012 (10) SCC 303.

(iii) Dimpey Gujral And Others Vs. Union Territory Through Administrator 2013 (11) SCC 697.

(iv) Narendra Singh And Others Vs. State of Punjab And Others 2014

(6) SCC 466.

(v) Yogendra Yadav And Others Vs. State of Jharkhand 2014 (9) SCC 653.

Summarizing the ratio of all the above cases the latest judgment pronounced by Hon'ble Apex Court in the case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Ors. Vs. State of Gujarat & Anr,; reported in (2017) 9 SCC 641 and in paragraph no.16, the Hon'ble Apex Court has summarized the broad principles with regard to exercise of powers under Section 482 Cr.P.C. in the case of compromise/settlement between the parties which emerges from precedent of the subjects as follows:-

i. "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 recognizes 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 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;

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 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;

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 in so far as the exercise of the inherent power to quash is concerned;

viii. Criminal cases involving offences which arises 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."

The Apex Court has also laid down the guidelines where the criminal proceedings could be interfered and quashed in exercise of its power by the High Court in the following cases:-(i) R.P. Kapoor Vs. State of Punjab, AIR 1960 S.C. 866, (ii) State of Haryana Vs. Bhajanlal, 1992 SCC (Crl.)426, (iii) State of Bihar Vs. P.P. Sharma, 1992 SCC (Crl.)192 and (iv) Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283.

From the aforesaid decisions the Apex Court has settled the legal position for quashing of the proceedings at the initial stage. The test to be applied by the court is to whether uncontroverted allegation as made prima facie establishes the offence and the chances of ultimate conviction is bleak and no useful purpose is likely to be served by allowing criminal proceedings to be continue. In S.W. Palankattkar & others Vs. State of Bihar, 2002 (44) ACC 168, it has been held by the Hon'ble Apex Court that quashing of the criminal proceedings is an exception than a rule. The inherent powers of the High Court under Section 482 Cr.P.C itself envisages three circumstances under which the inherent jurisdiction may be exercised:-(i) to give effect an order under the Code, (ii) to prevent abuse of the process of the court ; (iii) to otherwise secure the ends of justice. The power of High Court is very wide but should be exercised very cautiously to do real and substantial justice for which the court alone exists.

With the assistance of the aforesaid guidelines, keeping in view the nature and gravity and the severity of the offence which are more particularly is private dispute and differences it is deem proper and meet to the ends of justice. The proceeding of the aforementioned case be quashed.

The present 482 Cr.P.C. application stands allowed. Keeping in view the law laid down by the Hon'ble Apex Court in the above referred judgments, the compromise entered between the parties outside the court which has been duly verified by the Senior Registrar, High Court, Lucknow Bench, Lucknow vide order dated 16.01.2023, submissions made by the learned counsel for the parties and the observations made hereinabove, the entire proceedings of the Complaint Case No. 1196 of 2018, Ajay Singh Vs. Surendra Dixit and others, under sections 323,352,504,506 IPC, Police Station Nigoha, District Lucknow, pending in the court of Additional Chief Judicial Magistrate, Court no. 25, Lucknow and impugned summoning order dated 5.11.2018 passed by the Additional Chief Judicial Magistrate, Court no. 25, Lucknow in the aforesaid complaint case are hereby quashed.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 2.2.2023

GSY