Allahabad High Court
Mohammad Farooque And Another vs State Of U.P. And 3 Others on 18 February, 2025
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:22776-DB
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 59 of 2025
Petitioner :- Mohammad Farooque And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Aqueel Ahmad,Irfan Ahmad
Counsel for Respondent :- G.A.,Mohammad Sadab Khan
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioners, Shri G.P. Singh, learned AGA for State respondents and Shri Mohammad Sadab Khan, 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 08.11.2022 registered as Case Crime No.598 of 2022, Under Section 419, 420, 467, 468, 506 I.P.C., Police Station Mauaima, District Prayagraj 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 08.01.2025 had passed detailed order with the following effect:
"1. Short counter affidavit filed on behalf of respondent no. 4 in the Court today, is taken on record.
2. Learned counsel for the informant on the strength of counter affidavit submits that parties have already settled their dispute and compromise has arrived between the parties.
3. Considering the submission made above, we find that the compromise is to be verified by the concerned Magistrate.
4. Let the Investigating Officer produce the parties before the concerned Chief Judicial Magistrate for verification of compromise within a week. In the event, parties appear before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall verify the compromise deed and submit report by the next date of listing through the Registrar compliance.
5. Put up this matter as fresh on 27.01.2025 alongwith the report, showing the name of Mohd. Sadab Khan, Advocate as counsel for the informant
6. Till the next date of listing no coercive action shall be taken against the petitioners in Case Crime No. 598 of 2022, Under Section 419, 420, 467, 468, 506 I.P.C., Police Station Mauaima, District Prayagraj."
4. In compliance with the order dated 08.01.2025, Incharge Additional Chief Judicial Magistrate, Court No.6, Prayagraj has duly verified the compromise entered into between the parties on 17.01.2025, which is taken on record. Shri G.P. Singh, learned AGA reiterates that the compromise/ agreement between the parties has duly verified and he has no objection if the instant First Information Report is quashed.
5. Learned counsel for the petitioners states that since the parties have already settled the matter in light of the settlement agreement entered into on 17.01.2025 before the concerned Magistrate, the instant First Information Report is liable to be quashed.
6. Learned counsel for the informant-respondent No.4 states that the informant has no objection if the impugned First Information Report is quashed.
7. As it is jointly submitted that as the dispute has come to be amicably resolved 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, 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 First Information Report dated08.11.2022 registered as Case Crime No.598 of 2022, Under Section 419, 420, 467, 468, 506 I.P.C., Police Station Mauaima, District Prayagraj are quashed.
Order Date :- 18.2.2025
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