Allowed

Nempal and 2 Others v. State of U.P.and 2 Others

Allahabad HC25 May 2022A482/6516/2022

Case brief

AI extract

What is this about?

The High Court allowed an application to quash criminal proceedings under Section 482 Cr.P.C. after verifying a settlement between the parties. The court quashed the trial citing the compromise, potential hostility of the key witness, and the need to prioritize other genuine litigants.

What did the court decide?

The entire proceedings of Session Trial No. 26 of 2017 and charge sheet no. 267 of 2016 are quashed.

Nempal and 2 Others Vs State of U.P.and 2 Others — Quashing and FIR | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 6516 of 2022

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Applicant :- Nempal And 2 Others Opposite Party :- State Of U.P.And 2 Others Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.

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The present 482 Cr.P.C. application has been filed for quashing the charge sheet no. 267 of 2016 dated 14.11.2016 as well as entire proceeding of Session Trial No. 26 of 2017 (CNR No. UPJB010009872017) (State vs. Nempal and others) arising out of Case Crime No. 310 of 2016 under Sections 307, 504 I.P.C. Police Station-Naugawan Sadat, District-Amroha.

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Vide order dated 16.03.2022, this Court had referred the matter before the concerned Court below for verification of the compromise entered into between the parties. The learned Court below vide its report dated 06.05.2022 has reported that the matter has been compromised between the parties.

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Learned counsel for the applicants submits that an FIR had come to be lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties. With passage of time they have been able to resolve their differences and have settled their dispute amicably in writing, which has also been verified by the learned court below on 06.05.2022. They realise that there was no criminal intent on part of the applicants and that no criminal offence has been committed by the applicants.

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Learned counsel for the opposite party no.2 as well as learned A.G.A. for the State does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. In fact, short counter affidavit filed by the opposite party no.2 discloses that the compromise has been entered into between the parties. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.

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Learned counsel for the applicants in support of his contention has placed reliance on the judgments of Apex Court in the case of Narinder Singh vs. State of Punjab reported in (2014) 6

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SCC 466, Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653 and Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the applicants and opposite party no.2 have settled their differences through compromise and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

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From perusal of the record, it is apparent that parties have entered into compromise and appear to have settled their real disputes amicably. Thus, it further appears that the opposite party no. 2, who would be the key prosecution witness, if the trial were to proceed, has declared his unequivocal intent to turn hostile at the trial. In such circumstances, it is apparent that merits and truth apart, the proceedings in trial, if allowed to continue, may largely be a waste of precious time by the learned court below.

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The court cannot remain oblivious to the hard reality that the facts of the present case and other similar cases present where, though allegations made in the FIR do contain ingredients of an offence. However, in view such settlement having been reached, the chances of conviction are not only bleak but if such trials are allowed to continue along with all other trials that lie piled up in practically all criminal courts in the state, the continuance of trials in cases such as the instant case may only work to the huge disadvantage of other cases where litigants are crying for justice.

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In normal circumstances, the court would be loathe to accept some of such compromise arrangements. Sadly, even that course does not commend itself to the court in view of the high pendency of criminal cases and the high propensity to lie and state falsehood that appears to be otherwise rampant in the society - where desire to take revenge appears to sometime over shadow the pure pursuit of justice; where winning a legal battle matters more than doing the right thing; where teaching a lesson to ones adversary often appears to be the only purpose of instituting a criminal proceeding.

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Thus, looking at the prevalent tendencies in the society, a more pragmatic, and less technical approach commends to the court - to let some criminal prosecutions such as the present case be dropped, for the sake of more effective, efficient and proper trial in other cases where the litigants appear to be serious about their rights and more consistent in their approach.

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Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties and taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh vs. State of Punjab (supra), Yogendra Yadav vs. State of Jharkhand (supra) and Parbatbhai Aahir Vs. State of Gujarat (supra) the entire proceedings of the aforesaid case is hereby quashed.

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The present 482 Cr.P.C. application thus may be allowed, subject however to payment of cost to be deposited by the parties before the High Court Legal Services Committee, Allahabad, within a period of three weeks from today. Such cost has to be imposed to let the parties (in this case) in particular and the society in general know that the courts cannot remain a mute spectator to unscrupulous and errant behaviour by its members. A society that will allow its members to misuse its courts, will ultimately suffer and pay a huge cost. Litigants, both genuine and bogus, will always continue to stand in the same queue. The courts have no mechanism to pre-identify and distinguish between the genuine and the bogus litigant. That becomes known only after hearing is concluded in a case. Hearing requires time. In fact, even if the courts were to take punitive action against a bogus litigant, then, being bound by rules of procedure and fairness, such cases would require more time to be devoted to them than a case of two genuine litigants.

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In such circumstances, though no useful purpose would be served in allowing the prosecution to continue any further, however, no firm conclusion may be reached, at this stage, as to complete falsity of the allegations made against the applicants. The present application 482 Cr.P.C. application stands allowed, subject however to payment of cost Rs. 4,000/- (2,000 on each party) to be deposited before the High Court Legal Services Committee, Allahabad, within a period of three weeks from today.

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The Legal Services Committee exists and works for the benefit of those litigants for whom court procedures are difficult to afford. It provides a crucial and essential service to the society itself. It thus appears proper to direct payment of the amount of cost to the Legal Services Committee, as a reminder and warning to the society and its members to introspect and reflect at their actions and deeds and also at the consequences that follow.

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Order Date :- 25.5.2022/SY

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Digitally signed by SWETA YADAV Date: 2022.05.30 17:10:51 IST Reason: Location: High Court of Judicature at Allahabad

Nempal and 2 Others v. State of U.P.and 2 Others

Case brief

What is this about?

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Nempal and 2 Others v. State of U.P.and 2 Others

Case brief

What is this about?

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