Allahabad High Court
Fhakhruddin Ali Ahmad And 8 Others vs The State Of Uttar Pradesh And 3 Others on 7 November, 2024
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:175139-DB
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 11780 of 2022
Petitioner :- Fhakhruddin Ali Ahmad And 8 Others
Respondent :- The State Of Uttar Pradesh And 3 Others
Counsel for Petitioner :- Brajesh Kumar Singh
Counsel for Respondent :- Fakhruzzaman
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard Shri Brajesh Kumar Singh, learned counsel for the petitioners and learned AGA for State respondents and Sri Fakhruzzaman, learned counsel for the informant-respondent No.4.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 03.08.2022 registered as Case Crime No.0048 of 2022, under Sections 498A, 323, 506, 313 IPC and Section 3 and 4 of Dowry Prohibition Act and Section 3/4 Muslim Women (Protection of right on Marriage) Act, 2019, Police Station Mahila Thana, District Jhansi and with a further prayer not to arrest the petitioners in pursuance of the impugned F.I.R.
3. The Coordinate Bench vide order dated 01.09.2022 had passed detailed order with the following effect:
" The instant writ petition has been preferred to quash the impugned First Information Report dated 3.8.2022, registered as FIR/Case Crime No. 0048 of 2022, under Sections 498A, 323, 506, 313 IPC and Section 3 and 4 of Dowry Prohibition Act and Section 3/4 Muslim Women (Protection of right on Marriage) Act, 2019, Police Station Mahila Thana, District Jhansi.
It is submitted by learned counsel for the petitioners that the present matter relates to matrimonial dispute, which may be amicably settled by way of mediation and conciliation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.
Issue notice to the opposite party no.4, returnable at an early date. Steps may be taken within a week.
In view of the above, it is directed that petitioners shall deposit a sum of Rs.25,000/- within one month from today with the Mediation Centre of this Court out of which Rs.20,000/- shall be paid to the opposite party no.3, on the date fixed, for her appearance before the Mediation Centre and Rs. 5000/- shall be retained by the Mediation Centre as mediation fee.
The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the petitioners, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months.
List after expiry of aforesaid period before the appropriate Bench along with the report of Mediation Centre.
Till the next date of listing, no coercive action shall be taken against the petitioners in the above mentioned case.
It is made clear that in case there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter."
4. As the matter relates to the matrimonial dispute, the coordinate bench vide order dated 01.09.2022 had referred the matter to the Mediation Centre of this Court and as per the report submitted by Registrar/ In-charge, AHCMCC dated 04.02.2023, the parties have already settled the matter amicably and they are living together in terms of the settlement agreement dated 09.12.2022.
5. It is jointly submitted that as the dispute has come to be amicably resolved under the settlement agreement dated 09.12.2022, 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.
6. 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."
7. Since the dispute between the parties have already been settled amicably vide settlement agreement dated 09.12.2022, pending proceedings would serve no purpose and the same are liable to be quashed in the light of the aforesaid judgments.
8. The writ petition is allowed and the proceedings of First Information Report dated 03.08.2022 registered as Case Crime No.0048 of 2022, under Sections 498A, 323, 506, 313 IPC and Section 3 and 4 of Dowry Prohibition Act and Section 3/4 Muslim Women (Protection of right on Marriage) Act, 2019, Police Station Mahila Thana, District Jhansi are quashed.
Order Date :- 7.11.2024
NLY
