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.

JUDGMENT :

Chandra Kumar Rai, J.

1. Supplementary affidavit filed on behalf of the applicants, is taken on record.

2. Heard Sri Sanjay Kr. Srivastava, learned counsel for the applicants, Sri Shushil Kumar Pandey, Advocate holding brief of Sri Ayush Srivastava, learned counsel for the opposite party nos. 2 to 8 and learned AGA for the State/opposite party no. 1.

3. The instant application under section 482 Cr.P.C. has been for quashing the entire proceeding of S.T. No. 62 of 2017 (State Vs. Ibne Haidar & others) Case Crime No. 28 of 2016, u/s 147, 148, 149, 452, 323, 324, 325, 427, 307, 308, 34 IPC, P.S. Kithore, District Meerut for the charge sheet dated 04.04.2016 and its order of cognizance dated 11.04.2016 (Against applicant no. 1) as well as S.T. No. 963 of 2019 (State Vs. Akeel Haidar & others), Case Crime No. 28 of 2016, u/s 147, 148, 149, 323, 324, 325, 504, 506, 307, 308, 452, 427, 34 IPC, P.S. Kithore, District Meerut for the charge sheet dated 19.04.2019 and its order of cognizance dated 25.06.2019 (Against the applicant nos. 2 to 9), pending before the court of learned Additional Sessions Judge, Court No. 3, Meerut.

4. Brief facts of the case are that the opposite party no. 2 lodged an FIR on 24.01.2016 against the applicants and others in case crime no. 28/2016 u/s 147, 148, 149 ,323, 324, 325, 504, 506, 307, 308, 452, 327, 34 IPC, Police Station-Kithore, District Meerut in respect of the incident which is alleged to take place on 24.01.2016. On the basis of the aforementioned F.I.R., the investigation was conducted and chargesheet was submitted on 04.04.2016/ 19.04.2019, accordingly, cognizance was taken on 11.04.2016/25.06.2019. The trial proceeding has been initiated as S.T. No.62 of 2017/963 of 2019. During pendency of the aforementioned proceeding, parties have settled their dispute and entered into compromise. The copy of the compromise application dated 29.09.2023 is annexed along with the instant application as annexure no. 6 which was jointly filed by the parties as well as verified by the court concerned. The earlier Application 482 Cr.P.C. No. 41927 of 2023 filed at the instance of the applicants was disposed of vide order dated 23.11.2023 directing the trial court to verify the compromise recording statement of the parties and permitted the applicants to approach this Court again for quashing of the proceeding.

5. Counsel for the applicants submitted that in view of the compromise taken place between the parties on 29.09.2023 as well as verified by the court, the proceeding of the aforementioned case is liable to be quashed. He further placed reliance upon the judgment of Hon'ble Apex Court reported in (2019) 5 SCC 688 State of Madhya Pradesh Vs. Laxmi Narayan & others in order to demonstrate that if the parties have entered into compromise then continuance of the criminal proceeding may not be in the interest of justice even the offence are non-compoundable. He further placed reliance upon the judgment of Hon'ble Apex Court reported in (2014) 6 SCC 466 Narinder Singh Vs. State of Punjab, and submitted that in view of the ratio of the law laid down by the Hon'ble Apex Court the proceeding of the aforementioned case be quashed.

6. Learned AGA has opposed the prayer of the applicants made in the instant application but he could not dispute the ratio of law laid down upon the Hon'ble Apex Court in the aforementioned cases.

7. Learned counsel appearing for opposite party nos. 2 to 8 submitted that proceeding of the case be quashed as parties have entered into compromise.

8. I have considered the argument advanced by the counsel for the parties and perused the record.

9. The verification report of Additional District & Session Judge Court No. 3 Meerut will be relevant for perusal which is as under:-

HINDI LANGUAGE

10. It is also relevant to mention here that after filing of compromise the statement of injured Sikandar Abbas, injured Nasir Ali, first informant Asif Ali were recorded before the Court Concerned on 16.01.20