High Court
Case Details
Court No. - 88 Case :- APPLICATION U/S 482 No. - 38117 of 2022 Applicant :- Naeem And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Syed Aftab Husain Rizvi,J. Heard learned counsel for the applicants as well as learned A.G.A. appearing for the State and perused the record. This criminal application under Section 482 Cr.P.C. is filed with the prayer to allow the application on the basis of compromise and quash charge sheet no.342 of 2018 dated 30.10.2018 and summoning order dated 31.03.2022 and also quash the further proceeding of Case No.3160/9 of 2018 (State Vs. Naeem and others), arising out of Case Crime No.386 of 2018, under Sections 323, 324, 325, 308, 336, 352, 354-A and 504 I.P.C., Police Station-Meerapur, District-Muzaffarnagar, pending before Judicial Magistrate-II, Muzaffarnagar.
Legal Reasoning
It is contended by learned counsel for the parties that the parties have settled the matter through compromise. Earlier Criminal Misc. Application (Under Section 482 Cr.P.C.) No.28564 of 2022 was filed in which following order was passed by this Court on 12.09.2022: "Heard Mr. Jagdish Prasad Mishra, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed to quash the charge sheet no.342 of 2018 dated 30.10.2018 as well as summoning order dated 31.03.2022 and the proceedings of Case No.3160/9 of 2018 (State Vs. Naeem and others), arising out of Case Crime No.386 of 2018, under Sections 323, 324, 325, 308, 336, 352, 354-A, 504 I.P.C., Police Station-Meerapur, District-Muzaffarnagar, pending before Judicial Magistrate-II, Muzaffarnagar. Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them out of court. In this regard, the compromise application along with the affidavit on behalf of both the parties has been filed stating therein that they have entered into compromise and they do not want to press the case, copy of said affidavit has been annexed as Annexure no.8 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. in law. with accordance Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the parties may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided In view of the above, both the parties are directed to appear before the court below along with a certified copy of this order within two weeks from today and be 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 two months 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? The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
Decision
With the aforesaid directions, this application is finally disposed of. " In compliance of order of this Court dated 12.09.2022, the parties have appeared and filed compromise before court below and learned court below has verified the compromise after proper identification. The verification report dated 20.10.2022 is annexed as Annexure-3 to the affidavit filed in support of the application. Both the parties are agreed that in terms of the compromise that 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 :- 22.11.2022 MN/- Digitally signed by MAHENDRA NATH Date: 2022.11.23 17:25:35 IST Reason: Location: High Court of Judicature at Allahabad