This court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings following a verified compromise between the applicant and the complainant, relying on principles set by the Supreme Court in Gian Singh v. State of Punjab.
The entire proceedings relating to the aforementioned case are hereby quashed.
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Court No. - 88
Case :- APPLICATION U/S 482 No. - 6302 of 2020
Applicant :- Dammu Kanchi @ Damrulal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A.,Sandeep Kumar Dubey
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned counsel for the O.P. No. 2 as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 7.8.2009 of Case No. 2295 of 2009 (State Vs. Dammu Kanchi and others) arising out of Case Crime No. 1201 of 2009, under Sections 147, 148, 506, 504, 323 IPC and Section 3(1)X SC/ST Act, P.S. Mauranipur, District Jhansi pending in the court of Special Judge (SC/ST Act), Jhansi.
It is submitted that on account of intervention of their wellwishers, a compromise has been arrived at between the parties on 12.1.2020. The said compromise has been filed before the court concerned. It is further contended that proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303.
The opposite party no.2 lodged an FIR Case No. 2295 of 2009 (State Vs. Dammu Kanchi and others) arising out of Case Crime No. 1201 of 2009, under Sections 147, 148, 506, 504, 323 IPC and Section 3(1)X SC/ST Act, P.S. Mauranipur, District Jhansi against the applicants. After submission of charge-sheet, proceedings has been initiated against the applicants and the matter is pending in the court of learned Special Judge (SC/ST Act), Jhansi.
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. Vide order dated 18.2.2020 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 on 20.7.2022. 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. 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 Cr.P.C. 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.
Order Date :- 1.12.2022
Masarrat
Digitally signed by MASARRAT HUSAIN Date: 2022.12.02 12:46:25 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether criminal proceedings should be quashed in light of a valid compromise arrived at between the parties.
Whether Section 482 Cr.P.C. can be invoked to quash proceedings in non-compoundable offences to secure ends of justice.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶12
Gian Singh v. State of Punjab : (2012) 10 SCC 303 · Who else cites this
Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao AngreReferred¶14
Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692 · Who else cites this
1 provisions across 1 enactments
Dammu Kanchi @ Damrulal And 5 Others
State of U.P.
Syed Aftab Husain Rizvi
As recorded by the court registry
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