Allahabad High Court
Sardar Singh Bhati And 3 Others vs State Of U.P. And Another on 7 February, 2020
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 28 Case :- APPLICATION U/S 482 No. - 17090 of 2013 Applicant :- Sardar Singh Bhati And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- M.C. Singh,Dushyant Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Rajeev Misra,J.
Heard Mr. Mr. M.C. Singh, learned counsel for applicants, learned A.G.A. representing opposite party No. 1 and Mr. Nirvikar Gupta, learned counsel representing opposite party No. 2.
This application under Section 482 Cr.P.C. has been filed challenging charge sheet dated 30.07.2012 in Case Crime No. 543 of 2012, under Sections 323, 308, 506, 342 IPC, P.S. Shahibabad, District Ghaziabad as well as cognizance taking order/summoning order dated 10.10.2012 passed by C.J.M., Ghaziabad, in consequential Case No. 22233 of 2012, (State of U.P. Vs. Sardar Bhati and others) under Sections 323, 308, 506, 342 IPC P.S. Shahibabad, District Ghaziabad.
It transpires from record that a criminal incident took place on 19.5.2012. In respect of the aforesaid incident an F.I.R. dated 20.5.2012 was lodged by opposite party No. 2 Arjun Sain, which was registered as Case Crime No. 543 of 2012, under Sections 323, 308, 506, 342 IPC, P.S. Shahibabad, District Ghaziabad. In the aforesaid F.I.R. four persons namely Sardar Bhati, Kali Charan Pahalwan, Yashpal Bhati and Shankar Bhati were nominated as named accused. After lodging of aforesaid F.I.R., police commenced statutory investigation of aforesaid case crime number in terms of Chapter XII Cr. P. C. and ultimately submitted a charge sheet dated 30.7.2012 against all the named accused. Upon submission of aforesaid charge sheet, cognizance was taken by C.J.M., Ghaziabad, vide cognizance taking order dated 10.10.2012. As a consequence of cognizance taking order having been passed by C.J.M., Ghaziabad, consequential Case No. 22233 of 2012, (State of U.P. Vs. Sardar Bhati and others) under Sections 323, 308, 506, 342 IPC, P.S. Shahibabad, District Ghaziabad came to be registered in the Court of C.J.M., Ghaziabad. Applicants have been summoned in above mentioned State Case, vide summoning order dated 10.10.2012 passed by C.J.M., Ghazibabad. Feeling aggrieved by charge sheet dated 30.7.2012 as well as summoning order dated 10.10.2012 passed by Court below, applicants have now approached this Court by means of present application under Section 482 Cr. P. C. Present application came up for admission on 17.5.2013. This Court, vide order dated 17.5.2013 issued notices to the opposite party No. 2 and further granted interim protection to the applicants. In compliance of order dated 17.5.2013 a counter affidavit has been filed by opposite party No. 2 disputing the affidavit filed in support of the application under Section 482 Cr. P. C. Learned counsel for applicants submits that during the pendency of present application, parties have settled their dispute outside the Court. They do not wish to press their cases (there are cross cases against each other) on account of compromise so entered between them. He further submits that the dispute between the parties is a purely private dispute as parties have amicably settled their dispute outside the Court, no useful purpose shall be served by prolonging the proceedings of the above mentioned State Case or relegating the parties to Court below. According to learned counsel for applicants, interest of justice shall be served, in case this Court quashes the proceedings of above mentioned State Case. To buttress the submissions, he has relied upon paragraph 9 of the supplementary affidavit dated 14.3.2013, filed in Criminal Misc. Application No. 3064 of 2013, which remained un-controverted.
Per contra, learned A.G.A. and Mr. M.C. Singh, learned counsel appearing on behalf of opposite party No. 2 do not dispute the submissions urged by learned counsel for applicants.
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.
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 the aforesaid cases has been explained in detail.
Admittedly, the dispute between the parties is a purely private dispute. Parties have amicably settled their dispute outside the Court and they do not wish to proceed respective cases filed by them against each other.
In view of above, this Court is of considered opinion that interest of justice shall better be served in case, proceedings of above mentioned State Case are quashed, instead of relegating the parties to Court below.
In view of facts noted herein above as well as submissions urged on behalf of parties, present application succeeds and is allowed.
Accordingly, challenging charge sheet dated 30.07.2012 in Case Crime No. 543 of 2012, under Sections 323, 308, 506, 342 IPC, P.S. Shahibabad, District Ghaziabad and cognizance taking order/summoning order dated 10.10.2012 passed by C.J.M., Ghaziabad, in consequential Case No. 22233 of 2012, (State of U.P. Vs. Sardar Bhati and others) under Sections 323, 308, 506, 342 IPC P.S. Shahibabad, District Ghaziabad, are, hereby, quashed.
Order Date :- 7.2.2020 HSM