State v. Lekhraj Yadav and others) arising out of case crime no
Case Details
Court No. - 88 Case :- APPLICATION U/S 482 No. - 42914 of 2022 Applicant :- Lekhraj Singh Yadav And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- G.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Syed Aftab Husain Rizvi,J. Short counter affidavit alongwith vakalatnama filed today is taken on record.
Legal Reasoning
Heard learned counsel for the applicants, Sri Anoop Singh, learned counsel holding brief of Sri G.S. Chauhan, learned counsel for the opposite party no.2 and learned AGA for the State-respondent. This application under Section 482 Cr.P.C. is filed to quash the entire criminal proceeding of Session Trial No.44 of 2012 (State Vs. Lekhraj Yadav and others) arising out of case crime no.1313 of 2009, under Sections-147, 148, 149, 307, 504, 506 IPC and Section 3(1)X of SC/ST Act, Police Station- Mauranipur, District-Jhansi, pending before the court of learned Special Judge, S.C./S.T. Act. It is submitted by learned counsel for the applicants that earlier an application under Section 482 Cr.P.C. No.17472 of 2022 was filed. As the parties have entered into a compromise, this Court was placed to pass the following order on 19.07.2022 : "Counter affidavit filed today on behalf of opposite party is taken on record. Office is directed to register the said affidavit. Heard Sri G.S. Chauhan, Advocate, holding brief of Sri A.K. Verma, learned counsel for the applicants, Sri Satya Prakash Rathore, Advocate, holding brief of Sri Ashish Pandey, learned counsel for opposite party no.2, Sri Mayank Awasthi, learned A.G.A. for the State and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire criminal proceedings of Sessions Trial No.44 of 2012 arising out of Case Crime No.1313 of 2009 under Sections 147, 148, 149, 307, 504, 506 I.P.C. and 3 (1)(X) S.C./S.T. Act, Police Station-Mauranipur, District-Jhansi pending in the Court of Special Judge, S.C./S.T. Act, Jhansi in terms of the compromise dated 01.06.2022. Learned counsel for the parties submit that the parties have reconciled their differences and a compromise has been entered into between them. Copy of the compromise deed has been annexed as Annexure 8 to the application wherein it has been mentioned that opposite party no.2 does not want to press the case. 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 process of law. 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 applicants may approach the concerned court below and move an application with respect to the compromise entered into between the parties which will be decided in accordance with law. In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the court below along with the compromise deed as well as certified copy of this order within two weeks from today. It is expected that the court below may fix a date for verification of the compromise and after ensuring presence of the parties and recording the statement of the informant, 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 the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the court concerned shall also record 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 for the applicants to approach this Court again for quashing of the proceedings. For a period of two months or till verification of the compromise between the parties by the Court concerned, whichever is earlier, 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 the aforesaid order, the parties have appeared before the court below and court below has verified the compromise, verification report dated 16.09.2022 is annexure no.8. Learned counsel for the parties submitted that parties have settled the matter through compromise and such compromise have been verified and the proceedings be quashed. 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 :- 21.12.2022 S.Chaurasia Digitally signed by SHUBHAM CHAURASIA Date: 2022.12.22 13:54:32 IST Reason: Location: High Court of Judicature at Allahabad