Allahabad High Court
Ashok Kumar Agnihotri And Another vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 25 May, 2024
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:39792
Court No. - 27
Case :- APPLICATION U/S 482 No. - 4817 of 2024
Applicant :- Ashok Kumar Agnihotri And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. And Another
Counsel for Applicant :- Srees Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Ms. Shivani Tiwari, Advocate has put in appearance on behalf of the opposite party no.2 by filing vakalatnama, which is taken on record.
Heard Shri Srees Kumar Srivastava, learned counsel for applicants, Ms. Shivani Tiwari, learned counsel for the opposite party no.2 and Sri Hari Shanker Bajpai, learned A.G.A.-I, for the State as well as perused the record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 01.02.2023 of Criminal Case No.6192 of 2023, Case Crime No.566 of 2022, under Sections 323, 324, 504, 506 I.P.C., Police Station Gangaghat, District Unnao as well as to quash the summoning order dated 12.05.2023 alongwith entire proceedings in pursuance thereof.
A co-ordinate Bench of this Court on 12.04.2024 has passed the following order in Application Under Section 482 No.3369 of 2024:
"Vakalatnama filed by Shri Amit Tewari, Advocate on behalf of respondent no.2 is taken on record.
Short counter affidavit filed by respondent no.2 is taken on record.
Heard learned counsel for the applicants, learned counsel for respondent no.2 and learned A.G.A. for respondent State.
The present application has been filed by the applicants namely Ashok Kumar Agnihotri and Suraj Dhanuk for quashing of the charge-sheet dated 1.2.2023 arising out of Case Crime No.566 of 2022 under Section 323, 324, 504, 506 Indian Penal Code, Polcie Station Gangaghat, District Unnao as well as quashing of the impugned summoning order dated 12.5.2023 passed by the learned Chief Judicial Magistrate Unnao in Criminal Case No.6192 of 2023.
Learned counsel for the applicants submits that dispute between the parties have been amicably settled outside the court by way of compromise. The true copy of the compromise deed is on record as Annexure-4 to the application.
Learned counsel appearing for respondent no.2 does not dispute the above facts rather he concedes the same.
It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed.
Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed.
On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the petition is disposed of directing the parties to appear before the learned trial court on 29.4.2024 for verification of the compromise. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of two weeks' thereafter and provide a copy of verification report to the parties.
The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today.
It will be open for the applicants to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties.
Office is directed to return the true copy of the compromise annexed as Annexure-4 to the application to learned counsel for the applicants after keeping the copy of the same on record. . "
Learned counsel for the applicants submits that in compliance of the order passed by this Court, the applicants filed compromise deed before the learned trial court and the concerned court vide its order dated 22.04.2024 verified the said compromise in the presence of the applicants and opposite party no.2, copy of which is annexed as Annexure No.6 to the affidavit filed in support of application.
Learned A.G.A.-I for the State as well as learned counsel for the opposite party no.2 have submitted that since the parties have entered into compromise, which has also been verified by thetrial court, therefore, no useful purpose would be served if the proceedings of the aforesaid case go on further.
Learned counsel for the parties have drawn the attention of this Court and placed reliance on the judgment of the Hon'ble Apex Court in support of their case.
(i) B.S. Joshi Vs. State of Haryana & Others 2003 (4) ACC 675.
(ii) Gian Ssingh Vs. State of Punjab 2012 (10) SCC 303.
(iii) Dimpey Gujral And Others Vs. Union Territory Through Administrator 2013 (11) SCC 697.
(iv) Narendra Singh And Others Vs. State of Punjab And Others 2014
(6) SCC 466.
(v) Yogendra Yadav And Others Vs. State of Jharkhand 2014 (9) SCC 653.
Summarizing the ratio of all the above cases the latest judgment pronounced by Hon'ble Apex Court in the case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Ors. Vs. State of Gujarat & Anr,; reported in (2017) 9 SCC 641 and in paragraph no.16, the Hon'ble Apex Court has summarized the broad principles with regard to exercise of powers under Section 482 Cr.P.C. in the case of compromise/settlement between the parties which emerges from precedent of the subjects as follows:-
i. "Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognizes and preserves powers which inhere in the High Court.
ii.The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
iii. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power;
iv. While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court;
v. The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;
vi. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are truly speaking not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;
vii. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned;
viii. Criminal cases involving offences which arises from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;
ix. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and
x. There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance."
The Apex Court has also laid down the guidelines where the criminal proceedings could be interfered and quashed in exercise of its power by the High Court in the following cases:-(i) R.P. Kapoor Vs. State of Punjab, AIR 1960 S.C. 866, (ii) State of Haryana Vs. Bhajanlal, 1992 SCC (Crl.)426, (iii) State of Bihar Vs. P.P. Sharma, 1992 SCC (Crl.)192 and (iv) Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283.
From the aforesaid decisions the Apex Court has settled the legal position for quashing of the proceedings at the initial stage. The test to be applied by the court is to whether uncontroverted allegation as made prima facie establishes the offence and the chances of ultimate conviction is bleak and no useful purpose is likely to be served by allowing criminal proceedings to be continued. In S.W. Palankattkar & others Vs. State of Bihar, 2002 (44) ACC 168, it has been held by the Hon'ble Apex Court that quashing of the criminal proceedings is an exception than a rule. The inherent powers of the High Court under Section 482 Cr.P.C itself envisages three circumstances under which the inherent jurisdiction may be exercised:-(i) to give effect an order under the Code, (ii) to prevent abuse of the process of the court ; (iii) to otherwise secure the ends of justice. The power of High Court is very wide but should be exercised very cautiously to do real and substantial justice for which the court alone exists.
With the assistance of the aforesaid guidelines, keeping in view the nature and gravity and the severity of the offence which are more particularly is private dispute and differences it is deem proper and meet to the ends of justice. The proceeding of the aforementioned case be quashed.
The present 482 Cr.P.C. application stands allowed. Keeping in view the law laid down by the Hon'ble Apex Court in the above referred judgment and in view of the statement/compromise made by the applicants as well as opposite party no.2 and the observation made above, the charge sheet dated 01.02.2023 of Criminal Case No.6192 of 2023, Case Crime No.566 of 2022, under Sections 323, 324, 504, 506 I.P.C., Police Station Gangaghat, District Unnao as well as summoning order dated 12.05.2023 alongwith entire proceedings in pursuance thereof are hereby quashed so far as it relates to the instant applicants.
Order Date :- 25.5.2024
Saurabh
