The High Court can quash criminal proceedings based on compromise, even if the offence is non-compoundable, in accordance with the settled propositions by the Hon'ble Apex Court.

JUDGMENT :

1. Heard Shri G.C. Sinha, Advocate and Shri Avinash Singh Vishen, Advocate (Amicus Curiae), who appeared in the APPLICATION U/S 482 No. -5525 of 2023, Shri Anurag Kumar Singh along with Shri Pushpendra Kumar Singh, learned counsel for the applicants in APPLICATION U/S 482 No. -12429 of 2023 and Shri Salil Kumar Srivastava, Advocate, counsel for the applicant in APPLICATION U/S 482 No. - 12443 of 2023.

2. In all the applications noted below, the question is as to "Whether charge-sheet and/or criminal proceedings based upon the compromise, can be quashed in part." In other words "Whether the charge-sheet and/or criminal proceedings based upon the compromise can be quashed qua the accused- applicant." As such, all the petitions are being clubbed together and are being decided by this common order.

3.1 In APPLICATION U/S 482 No.-5525 of 2023, the following main relief(s) has been sought:-

"For the facts & circumstances enumerated in the accompanying affidavit it is humbly prayed that the order of taking cognizance and the summoning order dated 20-07-2019 passed by the Special Judge, SC/ST Act at court no. 2, District Sultanpur in Sessions Trial No. 362 of 2019 in reference to case crime no. 256 of 2017, P.S.-Kamrauli, District Amethi under section 147, 279, 337, 233, 504, 506 &452 IPC read with section 3(1)(D)& 3(2) V(A) of SC/ST Act as well as the entire proceeding drawn by the police including the charge sheet submitted by the police in criminal case no. 256 of 2017, may kindly be quashed and any other appropriate order which the Hon'ble Court may deem fit & proper in the circumstances of the case may also be passed for the end of justice."

3.2 In APPLICATION U/S 482 No.-5525 of 2023, this Court on 30.05.2023 after considering the issue involved passed the following order:

"Sri Rudra Mani Shukla, Advocate has put in appearance by way of filing Vakaltanama on behalf of opposite party no. 2 and the same is taken on record.

Office is directed to print the name of Sri Rudra Mani Shukla, Advocate as counsel for the opposite party no.2 when the case is listed next.

Learned counsel appearing for the applicants shall apprise the court that as to whether on the basis of compromise entered into between the two accused persons and the opposite parties, apart from the fact that there are five accused persons, the part trial can be quashed.

List/put up this matter in the first week of June, 2023 as fresh."

3.4 After the aforesaid order, this Court passed the order dated 07.08.2023 whereby Shri Avinash Singh Vishen, Advocate was appointed Amicus Curiae to assist the Court on the issue aforesaid. The order dated 07.08.2023 reads as under:-

"Counter affidavit filed today by opposite party no.2, is taken on record.

This Court invites Shri Avinash Singh Bisen, Advocate to assist this Court and he is hereby appointed as amicus curiae. He will be paid fee as per the norms of legal aid services authorities.

List/put up this matter on 24.08.2023 at 3.30 PM.

The counsel for the appellant shall also provide a copy of the record to the amicus curiae in between."

3.5 It would be apt to indicate that the applicants earlier approached this Court by means of APPLICATION U/S 482 No.-8536 of 2019 and the same was disposed of on 25.04.2023 by this Court for the purpose of verification of compromise by the trial court and in terms of the order of this Court dated 25.04.2023, the trial court verified the compromise on 03.05.2023 and the present application has been filed seeking relief(s) quoted above based upon the compromise dated 03.05.2023 duly verified by the trial court on 03.05.2023.

4.1 In the APPLICATION U/S 482 No. -12443 of 2023, (Karamveer Tripathi and others vs. State of U.P. and Another), the following main relief has been sought:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the proceedings of Criminal Case No.95018 of 2019; State Versus Karamveer Tripathi and others, arising out of Cas