Allahabad High Court
Hasnain And 2 Ors vs State Of U.P. And Another on 7 May, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:81847
Court No. - 82
Case :- APPLICATION U/S 482 No. - 42802 of 2014
Applicant :- Hasnain And 2 Ors
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Bhuvnesh Kumar Singh,Brij Kishor
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant and learned AGA.
2. The present 482 Cr.P.C. application has been filed to quash the chargesheet of Case Crime No.68 of 2013 (State Vs. Hasnain and others), under Section 363, 366, 368, 376 IPC, P.S. Naugawan Sadat, District Amroha (J.P. Nagar) pending before C.J.M., Amroha.
3. At the very outset, learned counsel for applicants submitted that compromise has already been preferred and the same has been verified by Additional Chief Judicial Magistrate-II, Amroha on dated 30.10.2023 and report of the same dated 31.10.2023 has been sent before this Court, this fact has also been ascertained by learned AGA.
4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and has been jointly submitted that there would be no harm and error and would be in the interest of justice that the proceedings may be quashed in light of the compromise.
5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the said judgment that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor.
6. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has also observed that where matters are also of civil nature i.e. matrimonial, family disputes, etc. the Court may consider "special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties.
7. Keeping in mind the position of law and facts, circumstances of the case, the chargesheet of Case Crime No.68 of 2013 (State Vs. Hasnain and others), under Section 363, 366, 368, 376 IPC, P.S. Naugawan Sadat, District Amroha (J.P. Nagar) pending before C.J.M., Amroha, is hereby quashed.
8. Accordingly, the present application under Section 482 of the Code stands allowed.
9. This order is being passed by this Court after hearing the contesting parties and perusing the affidavit filed by the opposite party no. 2. 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.
10. The parties may file the copy of this order before the court concerned within two weeks from today.
Order Date :- 7.5.2024
Vivek Kr.
