Allahabad High Court
Sidharth Singh vs State Of U.P. And Another on 15 December, 2020
Author: Ravi Nath Tilhari
Bench: Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Judgment reserved on 19.10.2020 Judgment delivered on 15.12.2020 Court No. - 44 Case :- APPLICATION U/S 482 No. - 13603 of 2020 Applicant :- Sidharth Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nipun Singh Counsel for Opposite Party :- G.A.,Vivek Chaubey Hon'ble Ravi Nath Tilhari,J.
Heard Sri Nipun Singh, learned counsel for the applicant and Sri Vivek Chaubey, learned counsel for opposite party No.2 and Sri Rajeshwar, learned A.G.A. appearing for the State.
The applicant has filed this application under Section 482 Cr.P.C. to quash the entire proceeding of Complaint Case No. 24643 of 2012 ( Brajpal Tyagi Vs. Sidharth Singh and others) under Sections 452 and 506 IPC, P.S. Phase-2, Noida, District Gautam Budh Nagar pending in the Court of Additional Chief Judicial Magistrate, Court No.2, Gautam Budh Nagar on the basis of compromise dated 17.2.2020.
Initially the applicant filed Criminal Misc. Application No. 33546 of 2017 challenging the proceedings of the same Complaint Case No. 24643 of 2012 aforesaid and the summoning order dated 18.8.2017 passed by the Additional Chief Judicial Magistrate, Court No.2, Gautam Budh Nagar in the said complaint case. By order dated 9.10.2017 notice was issued to the opposite party no.2 therein granting time to all the opposite parties to file counter affidavit and it was provided that till the next date of listing further proceeding of the complaint case shall remain stayed against the applicant only.
Learned counsel for the applicant submits that during pendency of application under Section 482 No. 33546 of 2017 due to intervention of the well wishers of both the parties they have settled all civil and criminal disputes and have arrived at a compromise/settlement which was filed before the Civil Judge (SD), Gautam Budh Nagar on 17.2.2020 Annexure-5 to the affidavit in support of the present application. In terms of the compromise the Suit No. 1408/11 has been decided by order dated 17.7.2020, Annexure No.6 making the compromise as part of the decree dated 17.7.2020 in regular Suit No. 1408/11 (Braj Lal and others Vs. Siddharth and others) In the compromise it was also settled that the application under Section 482 Cr.P.C. No. 33546 of 2017 pending before this Court and arising out of the complaint Case No. 24643 of 2012 under Sections 452 and 506 IPC, P.S. Phase-2, District Gautam Budh Nagar pending in the Court of ACJM II, Gautam Budh Nagar shall also be got decided on the basis of the said compromise. The compromise was duly verified by the court of Civil Judge (SD), Gautam Budh Nagar which fact is mentioned in the order dated 17.7.2020, Annexure No.6.
Learned counsel for the applicant submits that the offences under Sections 452 and 506 IPC are not heinous or serious offences and do not have impact on the society. The dispute was individual between the applicant and the complainant and that has been amicably settled to maintain peace and harmony. The compromise has also been acted upon inasmuch as in view thereof the civil suit between the parties has been decided making the compromise a part of the decree. Now there are no chance of conviction of the applicant as no evidence would be coming forward in view of the compromise.
Learned counsel for the applicant has placed reliance in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others (2019) 5 SCC 688 in support of his contention that in the present case the dispute between the parties was predominantly of civil character and considering this fact as well the proceeding of the complaint case can be quashed in the exercise of inherent powers to secure the ends of justice under Section 482 Cr.P.C.
Learned counsel for the opposite party No.2 does not dispute the aforesaid facts and submits that the proceedings of the complaint case deserves to be quashed under Section 482 Cr.P.C. in view of the compromise.
Short counter affidavit on behalf of opposite party no.2 has also been filed stating inter alia that the matter related to a civil dispute and same has been amicably settled between the parties by means of the compromise which was duly verified and the suit was decided in terms of the compromise.
Learned A.G.A. also does not dispute the legal proposition.
I have considered the submissions as advanced by the learned counsel for the parties and perused the material on record. It is settled law as been held in the cases of B.S. Joshi & others Vs. State of Haryana and another reported in (2003) 4 SCC 675, Gian Singh Vs. State of Punjab and another (2012) 10 SCC 303, Narinder Singh and others Vs. State of Punjab and another (2014) 6 SCC 466, Social Action Forum of Manav Adhikar and another Vs. Union of India Ministry of Law and Justice and others (2018) 10 SCC 443 and State of Madhya Pradesh Vs. Laxmi Narayan and others (2019) 5 SCC 688 that proceedings of a criminal case may be quashed in the exercise of inherent powers under Section 482 Cr.P.C. to prevent the abuse of the process of the Court or to secure the ends of justice where the dispute has been amicably resolved and the offences are not of serious or henious nature like dacoity, rape and murder etc. which are not private in nature and have serious impact on society or the offences under Prevention of Corruption Act, committed by public servant while working in that capacity. Those criminal cases having overwhelming and predominantly civil character may be quashed when the parties have resolved their entire dispute.
In the present case the offences are not serious or henious in nature. The criminal case is overwhelming and predominantly of civil character and is private in nature having no serious impact on the society. In view of the compromise the chances of conviction would also be remote or bleak. The compromise has already been acted upon in the civil suit and on the basis thereof the decree has been passed making compromise part of it. It would be in the interest of justice to quash the criminal proceedings under challenge and the continuance thereof would be oppressive to the complainant as well as to the applicant. This Court finds that to secure the ends of justice and to bring an end to the criminal proceedings, the proceedings of the complaint case deserves to be quashed.
The proceedings of Criminal Complaint No. 24643 of 2012 are hereby quashed on the basis of the compromise as contained in Annexure No.5.
This application/petition under Section 482 Cr.P.C. is allowed.
No order as to costs.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 15.12.2020/Manish Tripathi (Ravi Nath Tilhari,J.)