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IN THE HIGH COURT OF ALLAHABAD
SHAMIM AHMED, J.
Nirogi Venkata Sesha Pavan Kumar – Appellant
Versus
State Of Uttar Pradesh Thru. Addl. Chief Secy. Home Uttar Pradesh Lko. And Another –Respondents
Application U/S 482 No. - 12489 of 2023
Decided on : 13-05-2024
QUASHING - CRIMINAL PROCEDURE - Sections 406, 420, 506, 120-B, 436 IPC; Section 482 Cr.P.C. - The court discussed the inherent powers under Section 482 Cr.P.C. to quash criminal proceedings, emphasizing that such powers are to prevent abuse of process and secure justice. The court highlighted that quashing is appropriate when the dispute is primarily civil in nature and the parties have reached a settlement, as seen in the principles established by the Supreme Court in various precedents. The court ultimately decided to quash the proceedings based on the amicable settlement between the parties.
Fact of the Case:
The applicant, Nirogi Venkata Sesha Pavan Kumar, sought to quash criminal proceedings against him under various sections of the IPC, which were initiated in relation to a dispute primarily between his former employer and the opposite party, Hardik Kotak. The applicant argued that the case involved civil liabilities and that a settlement had been reached between the parties.
Finding of the Court:
The court found that the parties had amicably settled their dispute and that the continuation of the criminal proceedings would serve no useful purpose. The court noted that the settlement included a substantial payment to the opposite party, which was acknowledged in court.
Issues: Whether the criminal proceedings against the applicant should be quashed based on the settlement agreement between the parties and the nature of the dispute being primarily civil.
Ratio Decidendi: The court applied the principles established by the Supreme Court regarding the exercise of inherent powers under Section 482 Cr.P.C., emphasizing that such powers can be invoked to quash proceedings when the dispute is of a civil nature and the parties have reached a settlement, provided that the nature of the offences does not involve serious public interest.
Final Decision: The court allowed the application under Section 482 Cr.P.C. and quashed the entire proceedings against the applicant in Case No.122651/2022, as the parties had settled their dispute amicably.
JUDGMENT :
Hon'ble Shamim Ahmed, J.
1. Shri Purnendu Chakravarty, Advocate has filed Vakalatnama alongwith short counter affidavit on behalf of opposite party No.2, which is taken on record.
2. Supplementary affidavit filed today in the Court by Shri Nadeem Murtaza, learned Counsel for the applicant is also taken on record.
3. Heard Shri Nadeem Murtaza, learned counsel for applicant, Shri Anuuj Tondon, Advocate holding brief of Shri Purnendu Chakravarty, learned counsel for the opposite party no.2, Shri Ashok Kumar Singh, learned A.G.A-I for the State-opposite party No.1 and perused the record.
4. The applicant, namely-Nirogi Venkata Sesha Pavan Kumar, son of Shri Nirogi Venkata Rama Krishna Rao and the opposite party No.2, namely-Hardik Kotak, son of Shri Indubhai Kantilal Kotak are present before this Court, who have been identified by their respective counsel.
5. This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of the Case No.122651/2022; State vs. Petr Novotny and Ors, arising out of Case Crime No.492/2020, pending before the learned Special Chief Judicial Magistrate (Custom), Lucknow, under Sections 406, 420, 506, 120-B and 436 I.P.C. with a further prayer has been made to quash the impugned summoning order dated 20.10.2023 passed by learned Special Chief Judicial Magistrate (Custom), Lucknow whereby the applicant has been summoned under Sections 406, 420, 506, 120-B and 436 I.P.C. alongwith the impugned charge sheet bearing No.2 dated 31.03.2023 filed under Sections 406, 420, 506, 120-B and 436 I.P.C. in relation to Case Crime No.492/2020, Police Station-Banthara, District-Lucknow.
6. Learned Counsel for the applicant submits that the police after conducting the investigation prepared and submitted a charge sheet dated 10.12.2022 in the instant case and the other co-accused persons under Section 406, 420, 506, 120B and 436 I.P.C. and subsequently the cognizance of the matter was taken by learned Magistrate in Criminal Case No.122651 of 2022 (State v. Petr Novotny and Ors.), whereas, the investigation was kept pending in respect of the present applicant. He further submits that subsequently the police on the basis of same material as was collected during the time of submission of charge sheet No.1 dated 10.12.2022, proceeded to file the impugned charge sheet bearing No.02 dated 31.03.2023 under Sections 406, 420, 506, 120-B and 436 I.P.C. against the present applicant at a much belated stage.
7. Learned Counsel for the applicant further submits that the co-accused persons being aggrieved by the summoning order dated 17.12.2022 passed by learned Magistrate preferred an Application U/S 482 Cr.P.C. No.782 of 2023 wherein, this Court vide order dated 28.01.2023 stayed the further proceedings of learned trial court. He further submits that subsequently, a Coordinate Bench of this Court was pleased to quash the entire proceedings of Criminal Case No.122651 of 2022 (State vs. Petr Novotny and Ors.) vide order dated 06.12.2023. Copy of the interim order dated 28.01.2023 and final order dated 06.12.2023 passed by this Court are annexed as Annexure No.SA-1 to the supplementary affidavit.
8. Learned Counsel for the applicant further submits that the instant dispute essentially exists between Scania India the ex-employer of the present applicant and the opposite party No.2 and the instant case at best involves a civil liability. He further submits that the opposite party No.2 in the present case runs a travel agency in the name of M/s Eagle Travels & M/s Falcon Bus Lines Private Limited.
9. Learned Counsel for the applicant further submits that during the pendency of this application an agreement dated 09.02.2024 has been entered into between the parties i.e. Scania Commercial Vehicles India Private Limited (First Party) and Falcon Bus Lines Private Limited (Second Party) whereby both the parties have arrived at an amicable settlement to extend their cooperation and end all the dispute existing be
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