Allahabad High Court
Shabir And 3 Others vs State Of U.P. And 3 Others on 20 January, 2021
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 16947 of 2020 Applicant :- Shabir And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. B.K. Singh, learned counsel for applicant, leaned A.G.A. for State and Mr. Abhishek Tiwari, Advocate, who has put in appearance on behalf of opposite parties- 2, 3 and 4 by filing his vakalatnama today in Court, which is taken on record.
This application under section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 2759 of 2020 (State Vs. Shabir and Others) arising out of Case Crime No. 158 of 2020, under sections 294, 323, 452, 504, 506, 342 IPC, P.S. Nehtaur, District Bijnor as well as the charge-sheet dated 13.6.2020 submitted in above mentioned case crime number along with cognizance order dated 24.8.2020, passed by Judicial Magistrate, Bijnor Record shows that in respect of an incident which occurred on 31.5.2020, a delayed F.I.R. dated 2.6.2020 was lodged by first informant Ruby Khatoon, which was registered as Case Crime No. 158 of 2020, under sections 294, 323, 452, 504, 506, 342 IPC, P.S. Nehtaur, District Bijnor. In the aforesaid F.I.R. four persons namely, Sabir, Imran, Qasim and Akhtare (applicants herein) have been nominated as named accused.
Upon registration of above mentioned F.I.R. Police proceeded with the investigation of same in terms of Chapter XII Cr.P.C. Upon completion of statutory investigation of above mentioned case crime number, Police submitted charge-sheet dated 13.6.2020 whereby all the named accused/applicants herein have been charge-sheeted under sections 294, 323, 452, 504, 506, 342 IPC. Thereafter cognizance was taken by concerned court vide cognizance taking order dated 24.8.2020. As a consequence of aforesaid, Case No. 2759 of 2020 (State Vs. Shabir and Others), under sections 294, 323, 452, 504, 506, 342 IPC, P.S. Nehtaur, District Bijnor came to be registered in the court of Civil Judge (Junior Division)/Judicial Magistrate, District Bijnor. Applicants were summoned in above mentioned case vide summoning order dated 24.8.2020.
During the pendency of above mentioned case, parties settled their dispute outside the court and therefore, entered into a settlement, as is explicit from settlement deed dated 7.9.2020. Photo copy of same is on record at page 30 of the record. On the basis of aforesaid settlement deed, an application dated 7.9.2020 was filed by informant-opposite party-2 in Court in above mentioned case, praying therein that case be decided in terms of settlement arrived at between parties. As no order has been passed on the application dated 7.9.2020, applicants who are accused in above mentioned criminal case, have now approached this Court by means of present application under section 482 Cr.P.C., seeking quashing of entire proceedings of above mentioned criminal case.
Learned counsel for applicant submits that dispute between the parties is a purely private dispute. During the pendency of case, parties have entered into settlement and on the basis of settlement so arrived between parties, an application has been filed by informant in above mentioned case, whereby it has been prayed that proceedings of above mentioned case be decided in terms of compromise so entered between parties.
It is next contended that dispute between the parties is purely a private dispute and as parties have settled their dispute, no useful purpose should be served in keeping the aforesaid case pending. Interest of justice shall better be served in case this Court itself quashes the entire proceedings of above mentioned case, in exercise of its jurisdiction under section 482 Cr.P.C, instead of relegating the parties to Court below.
Per contra, learned A.G.A. and learned counsel for informant/opposite party-2 could not dispute the submissions urged by learned counsel for applicant. Learned counsel for the informant/opposite party-2 contends that once the opposite party-2 who is the informant has herself compromised with the accused applicants, she now could not have any objection in case the entire proceedings of above mentioned criminal case are quashed by this Court. He has further invited the attention of Court to the short counter affidavit filed by opposite party-2 wherein the settlement/compromise arrived at between the parties has been admitted.
This Court is not unmindful of the following judgements of the Apex Court:
1. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675
2. Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]
3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303
5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466,
6. State of M.P. V/s Laxmi Narayan & Ors. (AIR 2019 SC 1296) wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278]. in which the law expounded by the Apex court in some of the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for parties, this court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned complaint case.
Accordingly, the proceedings of Criminal Case No. 2759 of 2020 (State Vs. Shabir and Others) arising out of Case Crime No. 158 of 2020, under sections 294, 323, 452, 504, 506, 342 IPC, P.S. Nehtaur, District Bijnor, pending in the Court of Civil Judge (Junior-Division) Judicial Magistrate, District Bijnor are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 20.1.2021 Arshad