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.

Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Supriy Mishra, Advocate holding brief of Sri Anurag Pathak, learned counsel for the applicant, Sri Rakesh Kumar Tripathi, Advocate holding brief of Sri Narendra Kumar Tiwari, learned counsel for the opposite party no.2 and Sri Ajay Singh, learned A.G.A.-I for the State and perused the record.

3. This application under Section 482 Cr.P.C. has been filed by the applicant- Shitanshu Sharma, with the prayer to allow this application and quash the entire proceeding as well as impugned order dated 13.10.2023, in Case No. 11 of 2021 on the basis of Compromise / Settlement taken place between the parties, arising out of Case Crime No. 480 of 2020, under Sections 504, 506 and 353 I.P.C., Police Station George Town, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate-07, Prayagraj, with a further prayer to quash the Section 353 I.P.C. in alternate due to which the learned trial court after verifying the Compromise entered in between the parties, passed the impugned order dated13.10.2023.

4. During the course of argument it was submitted before the Court on 04.12.2023 that the parties have entered into a compromise which was directed to be verified by the court concerned. In compliance of the said order a report was placed by the office through its report dated 23.09.2024 which is of the A.C.J.M., Court No.7, Prayagraj, verifying the said compromise.

5. This Court on 24.09.2024 observed that since the first information report was lodged in the official capacity of the opposite party no.2, he cannot compound the matter without permission & sanction of the Government. The following order was passed by this Court on 24.09.2024:-

"1. Heard Sri Harshit Pathak, learned counsel for the applicant, Sri Vaibhav Goswami, learned counsel for the opposite party no. 2, Sri Ram Prakash Shukla, learned counsel for the State are present.

2. Sri Narendra Kumar Tiwari, learned counsel for opposite party no. 2 is not present.

3. The matter is being argued on the basis of compromise entered into between the applicant and opposite party no.2.

4. Learned counsel for the State submits that since the F.I.R. has been lodged by the opposite party no. 2 while being on duty in his official capacity. He cannot compound the offence in his personal capacity without permission and sanction of the government.

5. Learned counsel for the applicant has invited attention to the Court to paragraph 4 of order dated 04.12.2023 passed by co-ordinate Bench of this Court whereby learned counsel for the respondent no. 3 / Purvanchal Vidyut Vitran Nigam Ltd. has given his no objection for deciding the matter on the basis of compromise entered into between the parties. The said learned counsel is not present today before this Court.

6. The matter is, thus, adjourned for today.

7. Learned counsel for the shall give notice in writing to learned counsel for the opposite party no. 3 within a week about this order.

8. Let the matter be listed on 23.10.2024.

9. Interim order, if any, shall remain in currency till the next date of listing."

6. Subsequently the matter was taken up on various dates and a counter affidavit although was filed but the same was considered to be not happily worded and as such an order was passed on 13.12.2024 which reads as under:-

"1. Sri Supriya Mishra holding brief of Sri Anurag Pathak, learned counsel for the applicant, Sri Rakesh Kumar Tripathi holding brief of Sri Narendra Kumar Tiwari, learned counsel for the opposite party no.3 and Sri Ajay Singh, learned A.G.A-I for the State are present.

2. Although a counter affidavit dated 11.11.2024 of the opposite party no.3 is on record but learned counsel for the opposite party no.3 submits that para 12 of the said counter affidavit is not happily worded and as such he will be filing a better affidavit within a period of one week.

3. Prayer is allowed.

4. Let the matter be listed on 20.12.2024.

5. Interim order, if any, shall remain in currency till the