IN THE HIGH COURT OF ALLAHABAD
SURENDRA SINGH -I, J.
Ajay Kumar Shukla And Another - Applicants
Versus
State of U.P. and Another - Opposite Parties
APPLICATION U/S 482 NO. - 34144 OF 2013.
Decided On : 14-07-2023
| Table of Content |
|---|
| 1. application to quash charge-sheet and settlement (Para 3 , 4) |
| 2. acceptance of compromise by opposite party (Para 5 , 6) |
| 3. nature of offences and implications of compromise (Para 7 , 8) |
| 4. procedure for verification of compromise by trial court (Para 9) |
| 5. future proceedings and non-coercive measures (Para 10 , 11 , 12) |
JUDGMENT
Surendra Singh-I, J.
Sri Shishir Tandon, Advocate has filed his Vakalatnama on behalf of opposite party no. 2, which is taken on record.
2. Heard Sri Dinesh Kumar Pandey, learned counsel for the applicants, Sri Shishir Tandon, learned counsel for the opposite party no. 2 and Sri P.P. Tiwari, learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 21.11.2012 and all subsequent proceedings in pursuance thereof of Criminal Case No. 67 of 2013 (State v. Ajay Kumar Shukla and another), arising out of Case Crime No. 417 of 2012, under sections 147, 148, 149, 323, 504, 506, 307, 394, 411, 120B I.P.C. and section 3(1)(X) SC/ST Act, P.S. Handia, district Allahabad, pending in the court of Addl. Chief Judicial Magistrate, Court no. 9, Allahabad.
4. It has been submitted by learned counsel for the applicants that informant/injured opposite party no. 2, Arun Kumar Shukla son of Uma Shankar Shukla, applicant Ajay Kumar Shukla, Arun Kumar Shukla son of Girija Shankar Shukla, as well as other injured Saligram Tiwari son of Bechu Ram, Bharat Tiwari son of Bechu Ram Tiwari, Jai Singh Bhartiya son of Munni Lal Bhartiya have settled their dispute out of the court and they have filed compromise in the trial court and no dispute remains between them. He has made a prayer that the case may be disposed of according to the compromise. The applicants have attached the certified copy of the compromise/agreement of settlement as Annexure-SA1 to the supplementary affidavit. It was also prayed by way of compromise that the impugned proceeding against the applicant may be quashed in the light of compromise.
5. Learned counsel for the opposite party no. 2 has accepted the submissions of learned counsel for the applicants regarding compromise/agreement of settlement made by the applicants.
6. Learned counsel for the applicants has drawn my attention to the relevant paragraphs of judgments:-
7. Though Section-354 I.P.C. is a non compoundable offence but fact remains that the dispute is private in nature and the first informant (opposite party no.2), does not want to pursue the proceeding against the applicants any more.
8. Even in the cases which involved non-compoundable offences, their quashing has been approved by the Apex Court, if the nature of the offence is such which does not have grave and wider social ramifications and where the dispute is more or less confined between the litigating parties. So far as the present case is concerned, it does not involve heinous and serious offences as categorized by Hon'ble Supreme Court in aforesaid case law and that the nature and gravity and the severity of the offence which are more particularly in private dispute and differences between the parties and also does not have serious impact on society.
9. Accordingly, it is provided that the parties shall appear before the trial court along with a certified copy of this order within 15 days from today and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification till 20.08.2023. Upon due verification
Dimpey Gujral v. Union Territory Through Administrator
Inherent powers under Section 482 Cr.P.C. can quash proceedings based on valid compromise, provided it serves justice and prevents abuse of process, especially for non-heinous offences.
Point of Law : Continuance of proceedings of case even after the parties have entered into a compromise would only result in persecution of applicants, which would give rise to a failure of justice.
The court can quash criminal proceedings under Section 482 Cr.P.C. when parties reach a genuine compromise, provided the offences are not of a serious nature.
Quash of Criminal Proceedings - Amicably settlement - Since the parties had settled their disputes and the complainant agreed that the criminal proceedings need not be continued, the criminal proceed....
Quashing of criminal proceedings under Section 482 Cr.P.C. based on compromise is not permissible for offences affecting society, particularly those under the SC/ST Act.
The court can quash criminal proceedings based on a compromise between parties, provided the necessary legal requirements are met, especially when a public servant is involved.
The court has inherent powers to quash convictions based on compromise, considering the voluntariness of the settlement and the absence of public disturbance.
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