Allahabad High Court
Smt Rani Vaishay And Another vs State Of U.P. And Another on 12 April, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- APPLICATION U/S 482 No. - 11675 of 2023 Applicant :- Smt Rani Vaishay And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandeep Mishra Counsel for Opposite Party :- G.A.,Adarsh Kumar Pandey Hon'ble 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.
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.
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.
In the present case, the sections involved are Sections 3(1)(D),3(1)(Dh) SC/ST.
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.
I have heard both the parties and perused the record of the case.
In the case of Gian Singh Vs. 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. Vs. State of Punjab & Anr. 2014 6 SCC 466.
The three Judge Bench of the Apex Court in in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others reported in [AIR 2019 SC 1290] 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 Vs. State of M.P. AIR 2021 SC 5228 observed as:-
"15. Ordinarily, when dealing with offences arising out of special statutes such as the SC/ST Act, the Court will be extremely circumspect in its approach. The SC/ST Act has been specifically enacted to deter acts of indignity, humiliation and harassment against members of Scheduled Castes and Scheduled Tribes. The Act is also a recognition of the depressing reality that despite undertaking several measures, the Scheduled Castes/Scheduled Tribes continue to be subjected to various atrocities at the hands of upper-castes. The Courts have to be mindful of the fact that the Act has been enacted keeping in view the express constitutional safeguards enumerated in Articles 15, 17 and 21 of the Constitution, with a twin-fold objective of protecting the members of these vulnerable communities as well as to provide relief and rehabilitation to the victims of caste-based atrocities.
16. On the other hand, where it appears to the Court that the offence in question, although covered under the SC/ST Act is primarily private or civil in nature, or where the alleged offence has not been committed on account of the caste of the victim, or where the continuation of the legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings. On similar lines, when considering a prayer for quashing on the basis of a compromise/settlement, if the Court is satisfied that the underlying objective of the Act would not be contravened or diminished even if the felony in question goes unpunished, the mere fact that the offence is covered under a 'special statute' would not refrain this Court or the High Court, from exercising their respective powers under Article 142 of the Constitution or Section 482 Cr.P.C."
In view of the above, if the Court feels that continuation of criminal proceedings will be an exercise in futility and justice in this case demands that the dispute between the parties is put to an end and peace is restored, it can order for quashing of the FIR or criminal proceedings as it is the duty of the Court to prevent continuation of unnecessary judicial process.
Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; Narinder Singh & Ors. Vs. State of Punjab & Anr. 2014 6 SCC 466; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, State of Madhya Pradesh Vs. Laxmi Narayan and others reported in [AIR 2019 SC 1290], Ramawatar Vs. State of M.P. AIR 2021 SC 5228, Ram Gopal, and another Vs. State of Madhya Pradesh with Krishnappa and others Vs. State of Karnataka, reported in 2021 SCC Online SC 834 as also considering the settlement arrived at between the parties, I am of the considered opinion that this matter deserves to be given a quietus as continuance of proceedings arising out of the FIR in question would be an exercise in futility.
Accordingly, the entire proceedings 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 are hereby quashed.
Accordingly, the instant petition is allowed.
However, the court below is directed to ensure the compliance of provisions of section 344 Cr.P.C against the victim in case she found guilty, at the appropriate stage, if it deems fit and proper. Court below is also directed that in case, the State Government has given any money to the victim, the same shall be taken from the opposite party no.2.
Order Date :- 12.4.2023 Ajeet