Allowed

Rakesh and 17 Ors. v. State of Up and Anr.

Allahabad HC24 Nov 2022A482/12629/2019

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 CrPC to quash criminal proceedings. The parties had reached a compromise, which was verified by the lower court, leading the High Court to conclude that quashing was required to secure the ends of justice despite the offences being non-compoundable.

What did the court decide?

The entire proceedings relating to the aforementioned criminal case is hereby quashed.

Rakesh and 17 Ors. Vs State of Up and Anr. — Quashing and FIR | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 12629 of 2019

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Applicant :- Rakesh And 17 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A.,Shiv Sagar

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Hon'ble Syed Aftab Husain Rizvi,J.

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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.

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The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire proceedings of criminal case no.551 of 2016 as well as charge sheet dated 30.10.2016 and 11.11.2016 (State vs. Rakesh and ors) arising out of case crime no.1071 of 2016, U/s 147, 149, 427, 452, 323, 504, 506, 325 IPC, P.S. Uska Bazar, District Siddharthnagar.

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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 05.04.2019 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 and have submitted its report vide letter/ report dated 21.05.2019. Both the parties are agreed that in terms of the compromise the proceeding of case be terminated and the entire proceedings be quashed.

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Both the parties have entered into amicable settlement. The fact of compromise has been confirmed and admitted by learned counsels for the parties.

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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).

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"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

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parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor."

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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].

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Keeping in mind the position of law and facts, circumstances of the case, the present application under Section 482 of the Code stands allowed .

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The entire proceedings relating to aforementioned case is hereby quashed.

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The parties may file the copy of this order before the court concerned within two weeks from today.

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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.

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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.

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Order Date :- 24.11.2022 C. MANI

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Digitally signed by CHANDRAMANI VERMA Date: 2022.11.25 11:08:43 IST Reason: Location: High Court of Judicature at Allahabad

Rakesh and 17 Ors. v. State of Up and Anr.

Case brief

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Rakesh and 17 Ors. v. State of Up and Anr.

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