High Court · 2025
Case Details
Acts & Sections
1. Heard Sri Abhay Raj Singh, learned counsel for the applicants, Shri Virendra Kumar Singh, learned counsel for respondent no. 2 as well as learned A.G.A. and perused the record on Board.
2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the charge-sheet dated 07.02.2023 as well as entire proceedings in Case No. 1201 of 2023 (State vs. Akram Husain and Others) arising out of Crime No. 704 of 2022 under Sections 147, 307, 323, 504, 506 I.P.C. and Section 3(1)(r)(s) & Section 3(2)(va) of S.C./S.T. Act, Police Station Fareedpur, District Bareilly, pending before the court of Special Judge, S.C./S.T., Act, Bareilly.
3. It is submitted that during pendency of the criminal proceeding, both the parties have settled their dispute amicably out of the Court and arrived at compromise. Having considered the amicable settlement between the parties, this Court, vide order dated 08.12.2023, has relegated the parties before the court below to get their compromise verified. Simultaneously, learned District Magistrate was directed to verify and send a report to this Court as to whether opposite party no.2 has received any compensation or not. For ready reference, order dated 08.12.2023 is quoted herein below :- "Learned counsel for applicants refers to Annexure No.3 to contend that a compromise has been effected between the parties and prays for quashing of the criminal proceedings of Case No. 1201 of 2023, titled State Vs. Akram Husain and others, under Sections 147, 323, 324, 504, 506 IPC and Section 3(1)(r)(s) and Section 3(2)(va) of SC/ST Act, arising out of Case Crime No. 704 of 2022, under Sections 147, 307, 323, 504, 506 IPC and Section 3(1)(r) (s) & Section 3(2)(va) of SC/ST Act, Police Station Fareedpur, District Bareilly. At this stage, Mr. Virendra Kumar Singh, learned counsel appears on behalf of opposite party no.2 and has filed short counter affidavit along with power of attorney, who states that indeed the parties have settled the dispute. Accordingly, the private parties are directed to appear before the trial court/ Chief Judicial Magistrate, Bareilly on or before 05.01.2024 for recording their statements with regard to compromise/settlement. Trial Court/Chief Judicial Magistrate, Bareilly is directed to submit a report on or before the next date of hearing containing the following information:- (i) Number of persons arrayed as accused in F.I.R. (ii) If, any accused has been declared as proclaimed offender/ person. (iii) Whether the compromise is genuine, voluntary and without any coercion or undue influence ? (iv) Whether the accused persons are involved in any other case? (v) The trial court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the F.I.R. A copy of the report be also sent through fax to the Registrar Judicial of this Court. Put up this case as fresh on 11.1.2024. "
4. In pursuance of the order dated 08.12.2023, learned Special Judge S.C./S.T. Act, Bareilly, has submitted the compromise verification report dated 15.03.2024 alongwith compromise verification order dated 14.03.2024. As per compromise verification report, both the parties have appeared before the court below along with compromise application and have been identified by their respective counsels. They have admitted the conditions of the compromise. In their presence, compromise application (paper no. 35-Ka) has been verified.
5. In compliance of the order dated 01.03.2024 passed by this Court, learned District Magistrate, Bareilly, has submitted his report compensation/financial aid has been given to the victim under the SC/ST Act. Report dated 03.04.2024 is on record as flag B. dated 03.04.2024 the effect
6. 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 criminal 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
1. Heard Sri Abhay Raj Singh, learned counsel for the applicants, Shri Virendra Kumar Singh, learned counsel for respondent no. 2 as well as learned A.G.A. and perused the record on Board.
2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the charge-sheet dated 07.02.2023 as well as entire proceedings in Case No. 1201 of 2023 (State vs. Akram Husain and Others) arising out of Crime No. 704 of 2022 under Sections 147, 307, 323, 504, 506 I.P.C. and Section 3(1)(r)(s) & Section 3(2)(va) of S.C./S.T. Act, Police Station Fareedpur, District Bareilly, pending before the court of Special Judge, S.C./S.T., Act, Bareilly.
3. It is submitted that during pendency of the criminal proceeding, both the parties have settled their dispute amicably out of the Court and arrived at compromise. Having considered the amicable settlement between the parties, this Court, vide order dated 08.12.2023, has relegated the parties before the court below to get their compromise verified. Simultaneously, learned District Magistrate was directed to verify and send a report to this Court as to whether opposite party no.2 has received any compensation or not. For ready reference, order dated 08.12.2023 is quoted herein below :- "Learned counsel for applicants refers to Annexure No.3 to contend that a compromise has been effected between the parties and prays for quashing of the criminal proceedings of Case No. 1201 of 2023, titled State Vs. Akram Husain and others, under Sections 147, 323, 324, 504, 506 IPC and Section 3(1)(r)(s) and Section 3(2)(va) of SC/ST Act, arising out of Case Crime No. 704 of 2022, under Sections 147, 307, 323, 504, 506 IPC and Section 3(1)(r) (s) & Section 3(2)(va) of SC/ST Act, Police Station Fareedpur, District Bareilly. At this stage, Mr. Virendra Kumar Singh, learned counsel appears on behalf of opposite party no.2 and has filed short counter affidavit along with power of attorney, who states that indeed the parties have settled the dispute. Accordingly, the private parties are directed to appear before the trial court/ Chief Judicial Magistrate, Bareilly on or before 05.01.2024 for recording their statements with regard to compromise/settlement. Trial Court/Chief Judicial Magistrate, Bareilly is directed to submit a report on or before the next date of hearing containing the following information:- (i) Number of persons arrayed as accused in F.I.R. (ii) If, any accused has been declared as proclaimed offender/ person. (iii) Whether the compromise is genuine, voluntary and without any coercion or undue influence ? (iv) Whether the accused persons are involved in any other case? (v) The trial court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the F.I.R. A copy of the report be also sent through fax to the Registrar Judicial of this Court. Put up this case as fresh on 11.1.2024. "
4. In pursuance of the order dated 08.12.2023, learned Special Judge S.C./S.T. Act, Bareilly, has submitted the compromise verification report dated 15.03.2024 alongwith compromise verification order dated 14.03.2024. As per compromise verification report, both the parties have appeared before the court below along with compromise application and have been identified by their respective counsels. They have admitted the conditions of the compromise. In their presence, compromise application (paper no. 35-Ka) has been verified.
5. In compliance of the order dated 01.03.2024 passed by this Court, learned District Magistrate, Bareilly, has submitted his report compensation/financial aid has been given to the victim under the SC/ST Act. Report dated 03.04.2024 is on record as flag B. dated 03.04.2024 the effect
6. 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 criminal 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