IN THE HIGH COURT OF ALLAHABAD
SHEKHAR KUMAR YADAV, J.
Smt Rani Vaishay And Another - Applicants
Versus
State of U.P. And Another - Opposite Parties
APPLICATION U/S 482 NO. 11675 OF 2023.
Decided On : 12-04-2023
| Table of Content |
|---|
| 1. application to quash proceedings based on compromise. (Para 2) |
| 2. parties settled and oppose continuing the trial. (Para 3 , 5) |
| 3. court can quash non-compoundable offences if in the interest of justice. (Para 6 , 7 , 8) |
| 4. legal precedents support quashing based on settlement. (Para 9) |
| 5. quashing of fir and final order. (Para 10 , 11 , 12) |
JUDGMENT
Shekhar Kumar Yadav, J.
Heard Mr. Sandeep Mishra, learned counsel for the applicants and Mr. Adarsh Kumar Pandey, learned counsel for the opposite party no.2.
2. This application under Section 482 Cr.P.C. has been filed by applicants to quash the entire proceeding of Session Trial No.603 of 2019 under Sections 323 , 504, 506 IPC and Section 3(1) (D),3(1)(Dh) SC/ST Act arising out of Case Crime No.179 of 2019, Police Station Jagdishpura District Agra on the basis of compromise.
3. Learned counsel for the applicants has submitted that the parties have entered into compromise and in compliance of order dated 08.07.2022, the parties have filed compromise application before the court below, which was verified by the court below vide order dated 25.08.2022. He has further submitted that since parties have settled the dispute, opposite party no.2 also does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending.
4. In the present case, the sections involved are Sections 3(1)(D),3(1) (Dh) SC/ST.
5. Learned counsel for the opposite party no.2 has submitted that the parties in dispute are not interested to pursue the criminal case. Per contra, learned AGA although opposed the prayer by submitting that present matter relates to the provisions of SC/ST Act and being Special Act, proceedings merely on the basis of compromise should not be quashed. He has further submitted that it is a serious matter that a false FIR under the SC/ST Act is lodged against innocent persons ruined their image in the society just for taking huge money from the State. He has further submitted that since the victim entered into compromise, therefore, a proceeding under Section 344 Cr.P.C. should be initiated against her for giving false evidence and levelling false and concocted allegations. However, he could not dispute the fact that the dispute between the parties appears to be private in nature and both the parties have amicably settled their dispute and compromise was also duly verified by the court below pursuant to the order passed by this Court.
6. I have heard both the parties and perused the record of the case.
In the case of Gian Singh v. State of Punjab and Another (2012) 10 SCC 303, wherein the Apex Court has referred to a number of matters for the proposition that even a non-compoundable offence can also be quashed on the ground of a settlement agreement between the offender and the victim. The view expressed in the said judgement has been affirmed by the Apex Court in the case of Narinder Singh & Ors. v. State of Punjab & Anr. (2014) 6 SCC 466.
7. The three Judge Bench of the Apex Court in in the case of State of Madhya Pradesh v. Laxmi Narayan and others reported in [AIR 2019 SC 1296] discussed and considered the power of this Court in respect of quashing of non compoundable offences on the basis of the compromise executed between the parties. Further, the three judges Bench of the Apex Court in case of Ramawatar v. State of M.P. AIR 2021 SC 5228 observed as:-
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The court can exercise its power under Section 482 Cr.P.C. to quash criminal proceedings based on a compromise between the parties, even if the sections are not compoundable, as long as the societal ....
The court can quash FIRs under the SC/ST Act based on voluntary compromises, provided such actions do not contravene statutory protections.
The court may quash FIRs under the SC/ST Act based on voluntary compromise, provided the act's objectives are not undermined.
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