Irshad And 3 Others v. State of U.P & Anr.

Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the material on record. The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire proceedings of case no.5577/9 of 2017 as well as summoning order dated 20.11.2013 (State vs. Irshad and ors) under sections 394, 504, 506 IPC, P.S. Kotwali Nagar, District Muzaffarnagar pending before the Chief Judicial Magistrate, Muzaffarnagar. It is submitted that during the course of proceedings, the parties have reconciled their differences and the compromise has been entered between them which has been produced in writing. The opposite party no.2 has acknowledged the aforesaid facts. Vide order dated 07.12.2021 parties were directed to appear before the court below and permitted to file an application for verification of the original compromise deed. In compliance of the aforesaid order, the parties have appeared before the court below and the court below has verified the compromise vide order dated 10.03.2022 which has been filed by the applicant as annexure SA-I, supplementary affidavit dated 03.04.2022. Both the parties are agreed that in terms of the compromise the proceeding of case be terminated and the entire proceedings be quashed. Both the parties have entered into amicable settlement. The fact of compromise has been confirmed and admitted by learned counsels for the parties. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58). "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor." Where matters are also of civil nature i.e. matrimonial, family disputes, etc. the Court may consider "special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties. [Vide: Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692]. Keeping in mind the position of law and facts, circumstances of the case, the present application under Section 482 of the Code stands allowed. The entire proceedings relating to aforementioned case is hereby quashed. The parties may file the copy of this order before the court concerned within two weeks from today. The party shall file computer generated copy of such order download from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 8.4.2022 C. MANI VERMA Reason: Location: High Court of Judicature at Allahabad