Mausim And Another vs State Of U.P. And 2 Others
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Allahabad High Court

Mausim And Another vs State Of U.P. And 2 Others on 6 February, 2025

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:17001-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 21182 of 2024
 

 
Petitioner :- Mausim And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Keshari Nath Tripathi,Nidhi Pawan Singh
 
Counsel for Respondent :- Pramod Kumar Singh,G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. Heard Shri Keshari Nath Tripathi, learned counsel for the petitioners; Shri Pramod Kumar Singh, learned counsel for the informant and Shri Shashi Dhar Pandey, learned AGA for State respondents.

2. Present writ petition has been preferred for quashing the FIR dated 23.10.2024 being Case Crime No.678 of 2024 under Section 69, 115 (2), 333, 351 (2) BNS, P.S. Bilari, Distt. Moradabad and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.

3. On the matter being taken up on 29.11.2024, the Court has proceeded to pass the following order:-

"1. Short counter affidavit filed today on behalf of respondent no.3 is taken on record.

2. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State respondents and Sri Pramod Kumar Singh, learned counsel for the respondent no.3.

3. Present writ petition has been preferred for quashing the impugned FIR dated 23.10.2024 registered as Case Crime No.678 of 2024, under Sections 69, 115 (2), 333, 351 (2) of B.N.S., 2023, Police Station Bilari, District Moradabad and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.

4. Learned counsel for the petitioners submits that the first petitioner and the informant have solemnized their marriage with each other according to Muslim Rites and Custom on 29.10.2024 and they are living happily as husband and wife. Under some misconception the impugned FIR was lodged and after lodging the FIR, the parties have already settled the matter out of court. It is pressed that continuation of the proceedings of the aforesaid case will be an abuse of process of law and as such, the impugned first information report is liable to be quashed. In support of his submission, he has placed reliance on the judgements of Hon'ble Apex Court in B.S. Joshi Vs. State of Haryana reported in 2003(4) SCC 675, Nikhil Merchant Vs. Central Bureau of investigation and another J.T. 2008(9) SC 192, Gian Singh Vs. State of Punjab (2012) 10 SCC 303, Yogendra Yadav and others Vs. State of Jharkhand (2014) 9 SCC 653 and also in Narendra Singh Vs. State of Punjab (2014) 6 SCC 466.

5. Learned counsel for the informant has relied upon the short counter affidavit and acknowledged the factum of statement given by learned counsel for the petitioners. He states that he has no objection, in case the FIR is quashed.

6. In all the aforesaid cases, the Apex Court has laid down the law that criminal proceedings may be quashed even in non-compoundable cases by the High Court in exercise of its extraordinary jurisdiction to restore peace between the parties and in case the justice so demands. According to Hon'ble Supreme Court, if the offence involves private dispute between the parties of commercial nature or matrimonial dispute and it is not related to heinous offence, the proceedings may be quashed.

7. Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal proceeding and it would simply be a waste of time, if the aforesaid case is permitted to continue till its logical conclusion.

8. As it is informed that till date the police report under Section 173 (2) Cr.P.C./Section 193 (3) of Bhartiya Nagrika Suraksha Sanhita, 2023 has not been submitted in the aforesaid Case Crime No.0098 of 2023, we direct that the parties may appear before the Investigating Officer for verification of the settlement/compromise within one week. Thereafter, the investigating officer will produce the parties to the concerned jurisdictional Magistrate for verification of the said claim. It is also directed that the Magistrate concerned will record the statement of the parties concerned as to whether the terms and conditions, if set out in the settlement/compromise, had been fulfilled or not and submit a report before this Court on or before the next date fixed in the matter.

9. List this matter again as fresh on 11.12.2024.

10. Till the next date of listing, no coercive action shall be taken against the petitioners pursuant to the impugned FIR.

11. Registrar (Compliance) must ensure necessary compliance of the aforesaid order."

4. In response to the aforesaid order, learned AGA has produced the report dated 10.01.2025 sent by the Investigating Officer, which is taken on record. On the basis of said report, he has submitted that the parties have appeared before the Jurisdictional Magistrate, Moradabad and recorded their statements. The settlement agreement has also been verified by the Jurisdiction Magistrate. Learned AGA, in this backdrop, has submitted that in case the parties have already entered into amicable settlement, he has no objection if the matter is decided on merit.

5. Learned counsel for the informant has also corroborated the submissions advanced by learned counsel for the petitioners and submitted that the informant has no objection, if the FIR is quashed.

6. Learned counsel for the petitioners makes a statement that till date, no charge sheet has been submitted in the matter.

7. It is jointly submitted that as the dispute has come to be amicably resolved under the settlement agreement, duly verified by the Jurisdiction Magistrate, 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.

8. 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."

9. Since the dispute between the parties have already been settled amicably under the settlement agreement duly verified by the Jurisdictional Magistrate, pending proceedings would serve no purpose and the same are liable to be quashed in the light of the aforesaid judgments.

10. The writ petition is allowed and the proceedings of Case Crime No.678 of 2024 under Section 69, 115 (2), 333, 351 (2) BNS, P.S. Bilari, Distt. Moradabad are quashed.

Order Date :- 6.2.2025

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