Criminal proceedings can be quashed in cases where the parties have compromised and the continuation of the proceedings would be a waste of judicial time and resources.

Court No. - 64

Case :- APPLICATION U/S 482 No. - 24928 of 2022

Applicant :- Baba Jagdish Das

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Hitesh Pachori

Counsel for Opposite Party :- G.A.,Ajay Shyam Prajapati

Hon'ble Saumitra Dayal Singh,J.

1. Heard learned counsel for the applicant and learned A.G.A.

for the State.

2. The present 482 Cr.P.C. application has been filed to quash

the charge sheet dated 17.08.2020, cognizance alongwith

summoning order dated 22.02.2021 as well as the entire

proceedings of Case No. 283 of 2021 (State of U.P. Vs. Baba

Jagdish Das), arising out of Case Crime No. 0031 of 2020,

under Section - 354 I.P.C.; Section 7/8 POCSO Act and 3(1)(w)

(1) of SC/ST Act, Police Station - Kagarol, District - Agra,

pending in the court of Additional Sessions Judge-27th/Special

Judge (POCSO Act), Agra.

3. At the outset, it has been submitted, a petty argument had

occurred between the parties. Owing to misunderstanding and

misgivings the present prosecution came to be lodged against

the applicant. However, no real occurrence had ever taken

place. The FIR allegations were not supported during

investigation either in the statements recorded under Section

161 Cr.P.C. or 164 Cr.P.C. Only owing to the conduct of the

Investigating Officer, charge sheet came to be submitted against

the applicant.

4. In any case, the parties have reconciled their civil dispute and

at present, the opposite party no.2 does not wish to press

charges against the present applicant.

5. Pursuant to the last order, supplementary counter affidavit

filed today by opposite party no.2 confirming the fact assertion

made by learned counsel for the applicant.

6. In Application U/S 482 No. 17467 of 2022 (Dharamveer

And 5 Others Vs. State of U.P. and Another), decided on

02.01.2023, it has been observed as under:

"6. From a perusal of the record, it appears, the real dispute between the

parties were civil and private in nature and criminal prosecution arose

incidentally and not as a natural consequence of the real occurrence. It is

further apparent that the parties have entered into a compromise and they

further appear to have settled their aforesaid real disputes amicably. The

opposite party no. 2, who would be a key prosecution witness, if the trial

were to proceed, has declared his unequivocal intent to turn hostile at the

trial. In such circumstances, it is apparent that merits and truth apart, the

proceedings in trial, if allowed to continue, may largely be a waste of

precious time by the learned court below.

7. The court cannot remain oblivious to the hard reality that the facts of

the present case and other similar cases present where, though the

allegations made in the FIR do appear to contain the ingredients of a

criminal offence, however, in view of settlement having been reached, the

chances of conviction are not only bleak but, if such trials are allowed to

continue along with all other trials that lie piled up practically in all

criminal courts in the state, the continuance of trials in cases such as the

instant case may only work to the huge disadvantage of other cases where

litigants are crying for justice.

8. In normal circumstances, the court would be loathe to accept some of

such compromise arrangements. However, that course does not commend

to the court in view of the high pendency of criminal cases and the high

propensity to lie and state falsehood that appears to be otherwise rampant

in the society - where desire to take revenge appears to sometime over

shadow the pure pursuit of justice; where winning a legal battle matters

more than doing the right thing; where teaching lesson to one's adversary

often appears to be the only purpose of instituting a criminal proceeding.

9. Thus, looking at the prevalent tendencies in the society, a more

pragmatic, and less technical approach commends to the court - to let

some criminal prosecutions such as the presen