High Court
Case Details
Neutral Citation No. - 2024:AHC:195327 Court No. - 76 Case :- APPLICATION U/S 482 No. - 6721 of 2024 Applicant :- Dileep Pandit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shubham Kumar Counsel for Opposite Party :- Ashish Goyal,G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant, learned counsel for opposite party No. 2 as well as learned A.G.A.
Legal Reasoning
2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire criminal proceeding of S.S.T. No. 175 of 2017 (State Versus Dileep Pandit), arising out of Case Crime No. 54 of 2016, under Sections 354 I.P.C. and 3(1)11 SC/ST Act, Police Station New Agra, District Agra, pending before the court of Special Judge SC/ST Act, Agra on the basis of the compromise dated 04.11.2023 same is executed between the parties. 3. During the pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the court. Having considered the amicable settlement took placed between the parties, this Court, vide order dated 04.03.2024 passed in Application U/s 482 No. 6721 of 2024, has relegated the parties to appear before the court below to get the compromise verified took place between the parties and also direct the District Magistrate to submit report regarding payment of compensation, if any. For ready reference, the order dated 04.03.2024 is quoted hereinbelow:-
Legal Reasoning
"Learned counsel for the opp. party no. 2 filed his vakalatnama and a short counter affidavit, let these documents be kept on record. Learned counsel for the applicant and learned counsel for the opp. party no. 2 are present. According to them, the parties have arrived at a compromise. As some of the sections involved in the matter are non compoundable, a direction is sought for the trial court to verify the compromise deed. As the dispute is personal and the compromise between the parties would not affect the society adversely, the parties are directed to appear before the trial court within a period of 15 days from today along with the compromise deed. If the parties appear before the trial court within the stipulated period mentioned above, the trial court shall verify the compromise deed or pass an appropriate order thereon and transmit the certified copy of the compromise deed along with the certified copy of the order passed thereon to this court within 15 days thereafter. A report be also summoned from the District Magistrate concerned through the Registrar General, Allahabad High Court, Allahabad to make it clear as to what amount of compensation has been received by the victim or the first informant from the State with regard to the present case. The victim is directed to deposit back the compensation amount if received from the State Government in the matter and file its receipt by the next date of listing. List on 9.4.2024. Till then, no coercive action shall be taken against the applicant" 4. In compliance of the order dated 04.03.2024 passed by this Court, District Magistrate, Agra has submitted report dated 06.04.2024 along with report of District Social Welfare Officer, Agra to the effect that victim has returned compensation amount of Rs. 90,000/- through Bank Draft No.131773 dated 14.03.2024. 5. Learned Additional Session Judge/Special Judge (SC/ST Act) has submitted compromise verification report along with compromise verification order dated 18.03.2024 with an observation that compromise (Paper No. 34 Kha) has been verified in presence of both the parties, who have been identified through their respective counsel. He has also observed qua return of compensation amount through Bank Draft No.131773 dated 14.03.2024. Terms and conditions of the compromise has been spelled out to the parties in the open court, who have admitted the factum of compensation and stated that they have entered into compromise on their own volition. Accordingly, compromise has been verified. 5. It is submitted by learned counsel for the applicant 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 is no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the applicant has relied upon the following judgments of the Hon'ble Apex Court:- (i) B.S.Joshi & Others Vs. State of Haryana & Others; (2003) 4