Point of Law: Quash of Criminal Proceeding - Amicable settlement – Power of High Court must have due regard to nature and gravity of crime - Ends of justice in terms of the compromise showing parties willingness to settle their dispute, charge sheet.

JUDGMENT :

Vikas Kunvar Srivastav, J.

1. The case is called out.

2. Heard learned counsel for the applicants and learned A.G.A. for the State.

3. The present application under Section 482 Cr.P.C. is filed by applicants Patiram, Suresh Chandra @ Suresh, Smt. Vimla and Sandeep Kumar against private opposite party nos.2 to 4 namely Avadhesh Verma, Raj Bahadur Verma and Sunil Kumar.

4. From the array of parties, it appears that applicant nos.1 & 2 i.e. Patiram and Suresh Chandra @ Suresh are real brothers whereas applicant no.3, Vimla is wife of Patiram and applicant no.4, Sandeep Kumar is son of Patiram. The parties to the application namely applicant nos.1 to 4 and private opposite party nos.2 to 4 are residents of same village i.e. Rustampur under the Police Station Ibrahimpur, District Ambedkar Nagar.

5. Earlier to this application under Section 482 Cr.P.C., the applicants had filed another application under Section 482 Cr.P.C. bearing Criminal Misc. Case No.777 (U/s 482) of 2021 with averment as to the amicable settlement between rival parties to the Criminal Case No.1817 of 2016, pending in the Court of Chief Judicial Magistrate, Ambedkar Nagar Judgeship. That was disposed of with direction vide order dated 18.02.2021 by this Court to the learned trial court i.e. Chief Judicial Magistrate, Ambedkar Nagar that if any compromise, as informed by parties to that application, has already been entered into by them, is filed before it, it shall issue notice to all it’s signatories requiring their personal presence and, thereafter, to proceed to verify the compromise in accordance with law within thirty days from the submission of compromise before it. The Court has further directed that if compromise is verified, a report to that effect shall be endorsed by the trial court on the order sheet of the case making the compromise part of the record. It was further directed, the parties to obtain certified copies thereof. Learned court below was also directed to consider the compromise so as to dispose of the case on the terms of compromise between the parties and if any of the offence is not compoundable under Section 320 Cr.P.C., the applicants were given liberty to approach this Court again alongwith report of learned court below and duly verified compromise.

6. Pursuant to the order of this Court dated 18.02.2021, the compromise entered into between the rival parties of aforesaid criminal case was presented before the trial court where the Criminal Case No.1817 of 2016 (State Vs. Patiram and others), arising out of Case Crime No.106 of 2016, under Sections 452, 336, 323, 427 of I.P.C. relating to Police Station Ibrahimpur, District Ambedkar Nagar is pending.

7. The instant application under Section 482 Cr.P.C. is moved by the applicants, Patiram and others with a prayer that the Court, in exercise of power under Section 482 Cr.P.C. be pleased to quash the entire proceeding of Criminal Case No.1817 of 2016 (State Vs. Patiram and others), arising out of Case Crime No.106 of 2016, under Sections 452, 336, 323, 427 of I.P.C. relating to Police Station Ibrahimpur, District Ambedkar Nagar pending in the Court of learned Chief Judicial Magistrate, Ambedkar Nagar as well as the impugned chargesheet no.57 of 2016 dated 19.09.2016 submitted against the applicants by the Investigating Officer in aforesaid case as the parties to the aforesaid criminal trial have amicably settled their dispute and the compromise agreement between them has been duly verified in accordance with law. It is alleged that the trial court has not quashed the proceeding on the basis of the said compromise by reason of some of the offences being non-compoundable under Section 320 Cr.P.C.

8. The said duly verified compromise by the trial court and certified copy of the report by the trial court dated 03.03.2021, is annexed in the instant application as annexure nos.6 and 7 respectively.

9. When the instant application under Section 482 Cr.P.C. presented by the applicant nos.1 to 4,