Ram Milan Maurya And Others vs State Of U.P. And Another
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HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- APPLICATION U/S 482 No. - 33668 of 2011
 

 
Applicant :- Ram Milan Maurya And Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Gopal Srivastava
 
Counsel for Opposite Party :- Govt.Advocate,Anil Kumar Tiwari
 

 
Hon'ble Rahul Chaturvedi,J.

Heard Sri Gopal Srivastava, learned counsel for the applicants, Sri Anil Kumar Tiwari, learned counsel for the opposite party No. 2 and learned AGA for the State.

Applicants are facing prosecution in ST No. 253 of 2011 (State Vs. Ram Milan Maurya and others) under Sections 363, 366, 376 IPC, P.S. Shahpur, District Gorakhpur pending in the Court of Additional District and Sessions Judge, Court No. 11, Gorakhpur.

Vide order of this Court dated 02.11.2011 Bench of this Court has passed an order not to take any coercive action against the applicants. It is contended by learned counsel for the applicants that though the FIR was registered on 18.07.2005 in the incident of 11.07.2005 under Sections 363, 366 IPC and after recovery of the girl the charge-sheet was submitted under Sections 363, 366, 376 IPC though in 161 and 164 Cr.P.C. statements the girl has given statement in favour of the applicant No. 1.

Contention raised by learned counsel for the applicants is that Ram Mila Maurya is the husband whereas Km. Kiran Mishra is his sister and Smt. Somwati is the mother of Ram Milan Maurya. Interestingly the deponent of this affidavit is none other than the victim Smt. Kiran Mishra herself. During the pendency of present 482 application Sri Anil Kumar Tiwari, learned counsel for the opposite party No. 2 has filed a compromise deed dated 18.12.2021 whereby the Ramapati Mishra has accepted Ram Milan Maurya as his son-in-law and submits that he does not want to pursue the case anymore. Moreover Ram Milan Maurya and Ms. Kiran Maurya got married in 2005 itself and now this wedlock has given birth of two children namely Anamika Maurya and Vimal Maurya and aged about 13 and 12 years respectively. At this juncture and at this stage of life both of them are peacefully residing as a husband and wife and parents of two grown up kids. It would be highly unjust and proper to prosecute the Ram Milan Maurya and his other family members for the aforesaid offence. since Ramapati Mishra opposite party No. 2 of the F.I.R. has admitted and accepted this marriage and after lapse of almost 17 years of incident it would not be proper to prosecute person and create upheaval and turbulence in their marital life. Taking into account on the compromise dated 18.12.2021 the proceedings of S.T. No. 253 of 2011 (State Vs. Ram Milan Maurya and others) under Sections 363, 366, 376 IPC, P.S. Shahpur, District Gorakhpur pending in the Court of Additional District and Sessions Judge, Court No. 11, Gorakhpur is hereby quashed.

Learned counsel for the applicants has drawn my attention to the relevant paragraphs of judgment:-

(i) B.S. JOSHI VS. STATE OF HARYANA AND 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 Criminal Appeal No. 1723/2017 arising out of SLP (Crl.) No. 9549/2016, the Full Bench of the Hon'ble Apex Court in the case of "DPARBATBHAI AAHIR @ PARBATBHAI BHIMSINHBHAI KARMUR AND OTHERS. VS. STATE OF GUJARAT AND ANOTHER", decided on 4th October, 2017, Hon'ble Dr. D.Y. Chandrachud J. delivering the judgment on behalf of the Full Bench 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."

With the assistance of the aforesaid guidelines, keeping in view the nature and gravity and the severity of the offence which are more particularly in 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 compromise arrived at between the parties, the impugned proceeding of the present case against the applicants, is hereby quashed.

This order is being passed by this Court after hearing the contesting parties and perusing the short counter affidavit filed by learned counsel for the opposite party no.2. This Court has not verified their credentials. If at all, opposite party no.2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application.

Let a copy of the order may be transmitted to the concerned lower court within 20 days.

Order Date :- 5.1.2023

Vikram