Allahabad High Court
Akash Kumar Patel Alias Akash Singh ... vs State Of Up And 3 Others on 16 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:88599
Court No. - 90
Case :- APPLICATION U/S 482 No. - 11318 of 2024
Applicant :- Akash Kumar Patel Alias Akash Singh Badal And Another
Opposite Party :- State Of Up And 3 Others
Counsel for Applicant :- Arunesh Kumar Singh
Counsel for Opposite Party :- G.A.,Pramod Kumar Singh
Hon'ble Ms. Nand Prabha Shukla,J.
Heard Sri Arunesh Kumar Singh, learned counsel for the applicants, Miss Shipra holding brief of Sri Pramod Kumar Singh, learned counsel for the opposite party nos. 2, 3 and 4 as well as learned AGA for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case Crime No. 271 of 2022, (State vs. Harsh Rai and others) under Sections 147, 323, 506 IPC, Police Station Lanka, District Varanasi, pending before the Additional Chief Judicial Magistrate, 3rd, Varanasi on the basis of compromise, verified on 24.1.2024 within specific period.
At the very outset, it has been submitted by learned counsel for the parties that pursuant to the order dated 21.12.2023 passed by the Coordinate Bench of this Court in Application u/s 482 No. 46698 of 2023, the parties have appeared before the court concerned along with compromise deed dated 11.12.2023 and the same has been duly verified by the ACJM, 3rd, Varanasi on 24.01.2024.
Learned counsel for the applicants submits that the present dispute pertains to the college students. Though the present criminal case has been lodged against the applicant by the opposite parties but the opposite parties are 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 parties 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 Case Crime No. 271 of 2022, (State vs. Harsh Rai and others), under Sections 147, 323, 506 IPC, Police Station Lanka, District Varanasi, pending before the Additional Chief Judicial Magistrate, 3rd, Varanasi, are hereby quashed.
The present application under Section 482 Cr.P.C. is, accordingly, allowed.
Order Date :- 16.5.2024
Monika
