Allahabad High Court
Vandana Luthra vs State Of U.P. And 3 Others on 4 January, 2024
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:1697-DB
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 3276 of 2022
Petitioner :- Vandana Luthra
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Kartikeya Saran,Rohan Gupta,Suchita Mehrotra
Counsel for Respondent :- G.A.,Abhishek Gupta,Jatin Kumar Mishra
With
Case :- CRIMINAL MISC. WRIT PETITION No. - 3337 of 2022
Petitioner :- Manish Kumar Jha
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Kartikeya Saran,Rohan Gupta,Suchita Mehrotra
Counsel for Respondent :- G.A,Abhishek Gupta,Jatin Kumar Mishra
With
Case :- CRIMINAL MISC. WRIT PETITION No. - 3336 of 2022
Petitioner :- Yash Pal Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Kartikeya Saran,Rohan Gupta,Suchita Mehrotra
Counsel for Respondent :- G.A,Jatin Kumar Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Gajendra Kumar,J.
1. Heard learned counsel for the petitioners; learned A.G.A. appearing for the State respondents and learned counsel appearing for the respondent no.4.
2. This writ petition has been filed praying to quash the impugned First Information Report dated 02.03.2022 registered as F.I.R. No.0123, under Sections 420, 467, 468, 471 IPC, P.S. Noida Sector-39, District Gautam Buddh Nagar.
3. On the matter being taken up on 13.12.2023, present matter has been referred to the Mediation Centre of this Court.
4. In response thereof, the parties have appeared before the Allahabad High Court Mediation and Conciliation Centre and eventually, the settlement agreement took place between the parties on 17.12.2023 as per the conditions as enumerated in para 7 of the settlement agreement. The Mediation Centre has also submitted report dated 17.12.2023 with stipulation "Mediation Completed. Agreement enclosed."
5. Learned counsel for the petitioners makes a statement that till date, no charge sheet has been submitted in the matter.
6. It is jointly submitted that as the dispute has come to be amicably resolved under the settlement agreement dated 17.12.2023, duly verified by the parties and their counsels before the Mediation Centre, therefore, pending proceedings would serve no purpose and the same are liable to be quashed in the light of the judgements of the Hon'ble the Apex Court in the case of B.S. Joshi v. State of Haryana and others, 2003(4) SCC 675 and Gian Singh v. State of Punjab, 2012(10) SCC 303. Reliance has also been placed on the judgment of Division Bench of this Court dated 16.9.2022 in Criminal Misc. Writ Petition No.8510 of 2022 (Anuj Pandey v. State of U.P. & Ors.) wherein it is observed that the High Court has ample power under its inherent jurisdiction to quash the first information report in which the parties have settled their disputes which are of private in nature and have no any grave impact on the society. The time of courts as well as investigating agencies are very precious which should not be wasted in any futile proceedings where the chance of conviction is bleak.
7. Hon'ble the Apex Court in the case of Gian Singh (supra) has held in para-61 that;
"the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences Under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
8. Since the dispute between the parties have already been settled amicably vide settlement agreement dated 17.12.2023, pending proceedings would serve no purpose and the same are liable to be quashed in the light of the aforesaid judgments.
9. The writ petitions are allowed and the proceedings of F.I.R. No.0123, under Sections 420, 467, 468, 471 IPC, P.S. Noida Sector-39, District Gautam Buddh Nagar are quashed.
Order Date :- 4.1.2024
Sanjeet
