Allahabad High Court
Shanu vs State Of U.P. And Another on 21 August, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:133796 Court No. - 83 Case :- CRIMINAL APPEAL No. - 2522 of 2024 Appellant :- Shanu Respondent :- State of U.P. and Another Counsel for Appellant :- Lal Bahadur Counsel for Respondent :- G.A.,Ram Sajiwan Prajapati Hon'ble Saurabh Srivastava,J.
1. Heard Sri Lal Bahadur, learned counsel for appellant, Sri Ram Sajiwan Prajapati, learned counsel for opposite party no. 2 and learned AGA for the State.
2. The present appeal has been filed against the charge sheet dated 21.01.2024 arising out of Case Crime no. 18 of 2024 under sections 323, 427 IPC & 3(2)(va) of SC/ST Act, Police Station Mandawar, District Bijnor as well as summoning order dated 21.02.2024 and also entire proceeding of Special Session Case No. 500 of 2024 (State versus Shanu) which is pending before the Special Judge SC/ST Act, Bijnor on the basis of compromise dated 30.01.2024.
3. At the very outset, learned counsel for appellant submitted that compromise has already been entered between the parties on dated 30.01.2024 and the same has also been verified by learned Special Judge (SC/ST Act), Bijnor on dated 09.04.2024 which has been appended and marked as flag 'X' in the records, this fact has also been ascertained and seconded by learned counsel for opposite party no.2.
4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and has been jointly submitted that there would be no harm and error and would be in the interest of justice that the proceedings may be quashed in light of the compromise.
5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the said judgment that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor.
6. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has also observed that where matters are also of civil nature i.e. matrimonial, family disputes, etc. the Court may consider "special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties.
7. Keeping in mind the position of law and facts, circumstances of the case, the entire proceedings of charge sheet dated 21.01.2024 and summoning order dated 21.02.2024 in Special Session Case No. 500 of 2024 (State versus Shanu), arising out of Case Crime no. 18 of 2024 under sections 323, 427 IPC & 3(2)(va) of SC/ST Act, Police Station Mandawar, District Bijnor pending in court of learned Special Judge (SC/ST Act), Bijnor are hereby quashed and set aside only in respect of appellant i.e. Shanu in terms of compromise which has already been entered by both the parties and the same has been verified by the concerned Court of Special Judge, SC/ST Act, Bijnor vide order dated 09.04.2024.
8. Accordingly, the present appeal stands allowed.
9. This order is being passed by this Court after hearing the contesting parties and perusing the records. If at all, respondent no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application.
10. The parties may file the copy of this order before the court concerned within two weeks from today.
Order Date :- 21.8.2024 Shaswat