Allowed

Mahender and 2 Others v. State of U.P. and Another

Allahabad HC30 Jul 2024CRLA/2814/2024

Case brief

AI extract

What is this about?

The High Court allowed the Criminal Appeal to quash proceedings under various IPC and SC/ST provisions. The court noted an amicably settled dispute and a verified compromise, holding that continuing proceedings would be an exercise in futility and contrary to the interests of justice.

What did the court decide?

Quashed the entire proceedings of Complaint Case No. 34 of 2023 and the order dated 08.01.2024.

Mahender and 2 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:122401

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 2814 of 2024

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Appellant :- Mahender And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Sandeep Kumar Srivastava Counsel for Respondent :- Ajay Kumar Mishra,G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Mr. Sandeep Kumar Srivastava, learned counsel for appellants and Sri Ajay Kumar Mishra, learned counsel for respondent no.2 as well as learned AGA.

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The present appeal has been filed to quash the order dated 08.01.2024 passed by Additional District and Session Judge/Special Judge, SC/ST Act, Amroha in Complaint Case No.34 of 2023, under Section 323, 504, 506, 406 IPC and Section 3(1)dha of SC/ST Act, P.S. Rehra, District J.P. Nagar (Amroha) in terms of the compromise dated 06.03.2024.

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At the very outset, learned counsel for appellants submitted that compromise has already been preferred and the same has also been verified by learned Special Judge (SC/ST Act), Amroha on dated 05.04.2024 which has been appended with this appeal, this fact has also been ascertained and seconded by learned counsel for opposite party no.2.

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The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and has been jointly submitted that there would be no harm and error and would be in the interest of justice that the proceedings may be quashed in light of the compromise.

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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 in para 58 of the said judgment that 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

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being the ultimate guiding factor.

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In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has also observed that 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.

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Keeping in mind the position of law and facts, circumstances of the case, the entire proceedings of Complaint Case No.34 of 2023, under Section 323, 504, 506, 406 IPC and Section 3(1)dha of SC/ST Act, P.S. Rehra, District J.P. Nagar (Amroha) and order date 08.01.2024, are hereby quashed.

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Accordingly, the present appeal stands allowed .

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This order is being passed by this Court after hearing the contesting parties and perusing the affidavit filed by the respondent no.2. If at all, respondent no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application.

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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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Order Date :- 30.7.2024

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Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Mahender and 2 Others v. State of U.P. and Another

Case brief

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Mahender and 2 Others v. State of U.P. and Another

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