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.

JUDGMENT :

Dinesh Pathak, J.

1. Heard learned counsel for the applicants, learned counsel for the complainant-opposite party nos.2 & 3 as well as learned A.G.A. for the State and perused the record on board.

2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C . for quashing the quash the charge sheet dated 02.05.2011 as well as the summoning order dated 02.06.2011 and the entire proceedings of S.T. No.280/2011 (State v. Veer Bahadur & another), arising out of Case Crime No.50 of 2011, under Sections 323, 504 , 506 IPC and Section 3(1)(x) of SC/ST Act, Police Station- Phephna, District- Ballia, pending before learned Special Judge, SC/ST, Act, Ballia.

3. During the pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court and arrived at compromise. Having considered the amicable settlement took place between the parties, this Court, vide its order dated 29.08.2024, has relegated the parties before the court below to get their compromise verified. Simultaneously, concerned District Magistrate was directed to submit a report regarding the return of compensation amount. For ready reference, order dated 29.08.2024 is quoted herein below:

"1. Heard Mr. Prakhar Saran Srivastava, learned counsel for the applicants and Ms. Kirti Singh, learned A.G.A. appearing for the State and perused the record.

2. The application under Section 482 Cr.P.C . is filed with the prayer to quash the charge sheet dated 02.05.2011 as well as summoning order dated 02.06.2011 and the entire proceeding of S.T. No.280/2011 (State vs. Veer Bahadur & another), arising out of Case Crime No.50 of 2011, under Sections 323, 504 , 506 IPC and Section 3(1)(x) of SC/ST Act, Police Station-

Phephna, District-Ballia, pending before Special Judge, SC/ST, Act, Ballia.

3. Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into compromise. In this regard, joint application has been filed by the parties, which is annexed as Annexure-3 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.

4. Learned AGA does not dispute the correctness of the submissions made by the learned counsel for the applicants.

5. Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.

6. In view of the above, both the parties are directed to appear before the court below along with a certified copy of this order within two weeks from today and be permitted to file a proper compromise deed. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, after hearing the informant, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? The facts regarding the amount towards compensation as received and stated to be returned, shall also be verified through the concerned District Magistrate.

7. A report be called from the concerned District Magistrate whether any compensation was paid to the opposite party no.2 and the said amount has been returned back to the authority concerned or not.

8. Upon due verification of compromise, the Court below may pass appropriate order in that regard and send a report to this C