Saudan Khan And 3 Others vs State Of U.P. And Another
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Allahabad High Court

Saudan Khan And 3 Others vs State Of U.P. And Another on 17 July, 2025

Author: Dinesh Pathak

Bench: Dinesh Pathak

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:116078
 
Court No. - 73
 

 
Case :- APPLICATION U/S 528 BNSS No. - 18363 of 2025
 

 
Applicant :- Saudan Khan And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Kuldeep Singh Chahar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Pathak,J. 
 

1. At the very outset, learned counsel for the applicants prayed for and is permitted to correct the section of SC/ST Act, during the course of the day.

2. Learned AGA has filed a copy of the compliance affidavit today in Court, which is taken on record. Office is directed to proceed accordingly.

3. Heard learned counsel for the applicants, learned counsel for the respondent No. 2, learned AGA representing State-respondent No. 1 and perused the record on board.

4. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire criminal proceedings as well as summoning order dated 27.11.2024 in S.S.T. No. 2328 of 2024 (Mahesh versus Saudan Singh), arising out of Complaint Case No. 64 of 2024, under Sections 323, 504, 506 I.P.C. and Section 3(2)5Ka SC/ST Act, Police Station- Fatehpur Sikri, District Agra, pending before the Additional Session Judge/Special Judge (SC/ST Act), Agra on the basis of compromise deed dated 30.4.2025.

5. During pendency of the criminal proceedings, both the parties have arrived at a compromise and settled their dispute amicably out of the Court. Having considered the amicable settlement arrived at between the parties, this Court, vide order dated 22.5.2025, has relegated the parties before the court below to get their compromise verified. Simultaneously, a direction was issued to the learned District Magistrate to submit the report as to whether victim has received any compensation or not. For ready reference, orders dated 22.5.2025 is quoted hereinbelow:

"Mr. Surjeet Singh Chahar, Advocate and Mr. Atul Kumar, Advocate, has filed Vakalatnama on behalf of opposite party no.2 in Court today, which is taken on record. Office is directed to register the same.

Heard Mr. Kuldeep Singh Chahar, learned counsel for the applicants, Mr. Surjeet Singh Chahar, and Mr. Atul Kumar, learned counsels for the opposite party no.2 and Mr. Satendra Tiwari, learned A.G.A. for the State.

The present application has been filed to quash the summoning order dated 27.11.2024 as well as entire proceedings of S.S.T. No.2328 of 2024 in Complaint Case No.64 of 2024 (Mahesh Vs. Saudan Singh), under Sections 323, 504, 506 I.P.C. & Section 3(2)Ka of S.C./S.T. Act, P.S.-Fatehpur Sikri, District-Agra, pending before Additional Session Judge/Special Judge (S.C./S.T. Act), Agra, on the basis of compromise.

Learned counsel for the applicants submits that the parties have amicably settled their dispute out of Court and a compromise has been entered into between the parties. In this regard, compromise deed has been filed before the Court concerned mentioning that parties do not want to proceed with the case. Copy of said compromise deed has been annexed as Annexure No.9 to this application. Therefore, continuance of proceedings against the applicants would futile exercise and sheer wastage of time of the Court and will be an abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.

Learned A.G.A. as well as learned counsel for the opposite party no.2 do not dispute the correctness of the submissions made by the learned counsel for the applicants.

Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.

In view of the above, the parties are directed to appear before the court below along with an application as well as certified copy of this order and are permitted to file a proper compromise deed. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of one month from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

Upon due verification of compromise, the court below may pass appropriate order in that regard and send a report to this Court.

Put up this case on 17.07.2025, as fresh, showing the name of Mr. Surjeet Singh Chahar, and Mr. Atul Kumar, Advocates, as counsels for opposite party no.2.

Meanwhile, the District Magistrate, Agra shall also verify and send a report to this Court as to whether the opposite party no.2 has received any compensation or not, and in case it is found to have been received, same has been returned or not. In case the compensation amount is not returned, the concerned District Magistrate is directed to proceed in accordance with law to recover the same and send a report accordingly.

Learned A.G.A. as well as Registrar (Compliance) of this Court shall look into compliance of this order.

Till then, no coercive measure shall be taken against the applicants in the aforesaid case."

6. In compliance of the order dated 22.5.2025, learned Special Judge, SC/ST Act/Additional Sessions Judge, Agra has submitted its report dated 3.7.2025 along with compromise verification order dated 11.6.2025 and statements of the parties. As per compromise verification order dated 11.6.2025, both the parties had appeared before the court below and they have been identified by their respective counsel. The complainant, victims and the accused have unanimously accepted the compromise application. The contents of the compromise (paper No. 15Ka) have been spelt out to the parties, who have admitted that the factum of the compromise. Accordingly, in compromise of the order of this Court, compromise has been verified. Certified copy of the order dated 11.6.2025, certified copy of the affidavit of the complainant and victims dated 11.6.2025, certified copy of the compromise application dated 30.4.2025, certified copy of affidavits of the accused, etc. are collectively filed as annexure No. SA-1 to the supplementary affidavit dated 11.7.2025 filed by the applicants.

7. In compliance of the order dated 22.5.2025, the District Social Welfare Officer, Agra has submitted its report dated 30.6.2025 to the effect that no compensation/financial assistance has been accorded to the victims/complainant under the SC/ST Act. In paragraph No. 3 of the compliance affidavit filed today, it has also been averred that no compensation has been given to the victims/complainant.

8. It is submitted by learned counsel for the applicants that in the above eventuality of amicable settlement took place between the parties, instant application may be allowed and the entire proceedings may be quashed. It is further submitted that both the parties have entered into compromise out of their own volition without any duress and buried the hatchet. There are no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the applicants has relied upon the following judgments of the Hon'ble Apex Court:- (i) B.S.Joshi & Others Vs. State of Haryana & Others; (2003) 4 SCC 675. (ii) Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 667. (iii) Manoj Sharma Vs. State & Others; (2008) 16 SCC 1. (iv) Gyan Singh Vs. State of Punjab (2012) 10 SCC 303. (v) Narindra Singh & Others Vs. State of Punjab (2014) 6 SCC 466.

9. In a recent judgment passed by a Three Judges' Bench of the Apex Court in the Case of Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, reported in AIR 2017 SC 4843, Hon'ble Supreme Court has summarized the ratio of all the cases decided earlier with respect to quashing of F.I.R./charge-sheet/criminal proceeding on the ground of settlement between the parties and expounded the ten categories in which application under Section 482 could be entertained for quashing the F.I.R./charge-sheet/criminal proceeding on the basis of compromise. Para no. 15 of the said judgement summarizing the proposition in this respect is reproduced below :-

"15. (i) Section 482 preserves the inherent power 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 recognises 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 compliant 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 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 approximately 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 insofar as the exercise of the inherent power to quash is concerned; (viii) Criminal cases involving offences which arise 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 misdemeanor. The consequences of the act complained of upon the financial or economic system will weigh in the balance."

10. Learned A.G.A. has no objection, in case, the instant application is decided by this Court on the basis of compromise took place between the parties, which is duly verified by the court concerned.

11. Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, if the instant application is decided finally on the basis of the said compromise. He also submits that compromise was verified in presence of both the parties, who have voluntarily entered into compromise and opposite party no. 2 does not wants to prosecute the present case against the applicants any more as no dispute remains between the parties.

12. Having considered the compromise took place between the parties and with the assistance of the aforesaid guidelines, keeping in view the nature of gravity and severity of the offence, which are more particular in private dispute, it is deemed proper that in order to meet the ends of justice, the present proceeding should be quashed. In result, dispute between the parties will put to an end, peace will be resorted and relationship between them will be smooth. No useful purpose would be served to keep the present matter pending inasmuch as both the parties have buried the hatchet and as the time passes, it will be difficult to prove the guilt of the accused. The continuation of criminal proceeding would cause oppression and prejudice.

13. In view of the aforesaid pronouncements of the Hon'ble Apex Court and in the light of the settlement/agreement inked between the parties, the present application under Section 528 BNSS is hereby allowed. The entire criminal proceeding of the aforementioned case is hereby quashed.

14. Let a copy of the order be transmitted to the concerned lower Court for necessary action.

Order Date :- 17.7.2025

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