Allahabad High Court
Raghuveer And 3 Others vs State Of U.P. And Another on 3 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:79488
Court No. - 90
Case :- APPLICATION U/S 482 No. - 43813 of 2023
Applicant :- Raghuveer And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rabindra Bahadur Singh
Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard Sri Rabindra Bahadur Singh, learned counsel for the applicants, learned AGA for the State, Sri N.K. Singh, learned counsel for the opposite party no. 2 and perused the record.
The instant application under Section 482 Cr.P.C. has been filed to quash the charge-sheet dated 10.06.2020, cognizance order dated 25.2.2021 as well as entire proceedings of Criminal Case No. 2651 of 2021 (State vs. Sandeep and others) arising out of Case Crime No. 87 of 2020 under Sections 323, 308, 504 IPC, Police Station Achhanera, District Agra pending before the learned Additional Chief Judicial Magistrate, Court No. 1st, Agra on the basis of compromise between parties.
At the very outset, it has been submitted by learned counsel for the parties that the parties have appeared before the court concerned along with compromise deed dated 26.9.2023 which is placed on record as Annexure No. 8 to this application. The said compromise has been duly verified by the Special Chief Judicial Magistrate, Agra on 21.03.2024.
Learned counsel for the applicant submits that the present dispute arises out of personal discord between the parties. The applicants and the opposite party no.2 are the resident of same village and they have mutually settled their disputes. It is also argued that the opposite party no. 2 is not interested to pursue the matter pending in the Court concerned and, therefore, the impugned proceedings be quashed on the ground of compromise between the parties.
Learned counsel for the opposite party no. 2 admits the arguments of learned counsel for the applicants and states that he has no objection if the impugned proceeding pending against the applicants is quashed.
Learned A.G.A. also does not dispute the correctness of the submissions made by the learned counsel for both the parties.
The law with regard to quashing of a case on the basis of settlement arrived between the parties, is well settled.
Even the Hon'ble Supreme Court in its Constitutional Bench Judgment in Gian Singh Vs. State of Punjab and Another, (2012)10 SCC 303, has held that "But the criminal cases having overwhelmingly and pre-dominatingly civil flavour 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."
Both the parties have agreed to withdraw the proceedings pending amongst them in Court concerned. From perusal of the records and the law as cited above, the present case is a good case for exercise of power by the Court to quash charge-sheet, cognizance order as well as entire proceedings.
The dispute appears to be purely of a personal nature that has been mutually settled between the parties to their entire satisfaction, therefore, no useful purpose would be served in allowing the prosecution to continue any longer.
In view of the above, the entire proceedings of Criminal Case No. 2651 of 2021 (State vs. Sandeep and others) arising out of Case Crime No. 87 of 2020 under Sections 323, 308, 504 IPC, Police Station Achhanera, District Agra, pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 1st, Agra are hereby quashed.
The present application under Section 482 Cr.P.C. is, accordingly, allowed.
Order Date :- 3.5.2024
Puspendra
