Allahabad High Court
Mukesh And Anr. vs State Of U.P. And 2 Ors. on 23 May, 2023
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2023:AHC:112921
Court No. - 69
Case :- APPLICATION U/S 482 No. - 5971 of 2020
Applicant :- Mukesh And Anr.
Opposite Party :- State Of U.P. And 2 Ors.
Counsel for Applicant :- Rajesh Kumar Roy Sharma
Counsel for Opposite Party :- G.A.,Saif Ali
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Rajesh Kumar Roy Sharma, learned counsel for applicants, Mr. Saif Ali, learned counsel appearing for opposite party nos.2 & 3 and learned AGA for the State, and perused the record.
Facts of the present case is that the applicants were convicted vide judgment and order dated 5.8.2016 passed by Additional Chief Judicial Magistrate, Court no. 3, Aligarh in Case No. 736 of 2012. The applicants preferred Criminal Appeal No. 162 of 2016 against the conviction order dated 5.8.2016.
It is submitted by learned counsel for applicants that during pendency of Criminal Appeal parties have amicably settled their dispute outside the Court and a written compromise had taken place between them on 10.1.2020. The copy of written compromise has been annexed as Annexure SA-1 to the supplementary affidavit dated 14.2.2020.
This Court vide order dated 14.2.2020 directed the parties to appear before the Court concerned within 15 days for verification of compromise. In compliance of order dated 14.2.2020, parties had appeared before the trial Court, who were identified by their respective counsels and the compromise was verified by the trial Court on 8.7.2020. Certified copy of compromise verification report/order dated 8.7.2020 has been annexed as SA-1 to the supplementary affidavit dated 2.8.2021. Since parties have amicably settled their dispute outside the Court and opposite party nos.2 & 3 do not want to prosecute the applicants, no useful purpose would be served in keeping it pending.
Learned AGA for the State as well learned counsel for opposite party Nos. 2 & 3 do not dispute the aforesaid facts.
The Hon'ble Apex Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, reported in (2019) 5 SCC 688 has laid down principles for quashing the proceeding on the basis of settlement/compromise. Relevant paragraph no. 15 is quoted hereinbelow:-
"15. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under:
i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;
ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;
iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender;
iv) offences under Section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove;
v) while exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc."
In view of the aforesaid fact, since the parties have amicably settled their dispute outside the Court and compromise between the parties had already been verified by the Court below, the present Application U/S 482 Cr.P.C.is liable to be allowed.
Accordingly, the present Application U/S 482 Cr.P.C. is allowed and judgment and order of conviction dated 5.8.2016 passed by Additional Chief Judicial Magistrate, Court no. 3, Aligarh in Case No. 736 of 2012(State vs. Mukesh and another) arising out of Case Crime No. 25 of 2005 under Sections 498A, 323, 506 IPC, Police Station Tappal, District Aligarh is set aside and Criminal Appeal No.162 of 2016(Mukesh and another vs. State of U.P.) preferred by the applicants, pending before Additional District Judge, Court No.8, Aligarh is disposed of in terms of compromise.
Order Date :- 23.5.2023
P.P.
