Allahabad High Court
Lakshya Rawat And 3 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 12 April, 2024
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:29638 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1178 of 2024 Appellant :- Lakshya Rawat And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- O.P. Tiwari,Kunwar Manish Rakesh Counsel for Respondent :- G.A.,Vivek Shukla Hon'ble Saurabh Lavania,J.
1. Short counter affidavit filed in Court today is taken on record. It has been indicated in the short counter affidavit that the respondent no. 2/Bindesh Bharti @ Karan Bharti received Rs. 75,000/- from the Government Exchequer and he is ready to refund the said amount.
2. Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record.
3. The present appeal has been filed for following relief:
"to set-aside the judgment and Summoning Order Dated 03.11.2023 passed by Learned Additional District Judge No. 02 S.C./S.T. Act, District- Unnao and impugned Charge Sheet no. 240 of 2022 dated 27.05.2022 submitted by investigation officer, in Case No. 1648 of 2023, F.I.R./Case Crime no. 126 of 2022 Under Section- 143, 147, 148, 149, 323, 504 I.P.C. and section 3(1)(Da), 3(1) (Dha) S.C./S.T. Act Police- Station- Kotwali, District- Unnao."
4. It is stated by the learned counsel for the parties that earlier applicants approached this Court by means of Criminal Appeal no. 421 of 2024 and this Court after considering the facts and circumstances of the case disposed of the said appeal vide order dated 13.02.2024 with direction to the concerned court to verify the compromise/settlement and prepare a report in this regard and liberty was also granted to the applicants to approach this Court on the basis of said verified compromise/settlement.
5. The order dated 13.02.2024, referred by the learned counsel for the parties, passed in Criminal Appeal no. 421 of 2024 reads as under:-
"1. Sri Vivek Shukla, Advocate filed Vakalatnama on behalf of opposite party no.2 which is taken on record.
2. Heard learned counsel for the appellants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.
3. The instant appeal has been filed for quashing the summoning order dated 03.11.2023 passed by Additional District Judge No.2, SC/ST Act, District- Unnao in Case No.1648/2023 as well as charge sheet dated 27.05.2022 in Case Crime No.126/2022 under Sections 143, 147, 148, 149, 323, 504 I.P.C. and Sections 3(1)(Da) and 3(1)(Dha) of SC/ST Act, P.S.- Kotwali, District- Unnao.
4. Learned counsel for the appellants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.3 to the appeal.
5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court.
6. Accordingly, this appeal is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.
7. The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the appellants to approach this Court again for quashing of the proceedings.
8. For a period of one month, no coercive action shall be taken against the appellants in the aforesaid case.
9. Office is directed to return the original compromise deed to the learned counsel for the appellants, after taking the photocopy of the same. "
6. It is further submitted that in terms of order of this Court dated 17.01.2024, the trial court has verified the compromise/settlement on 06.03.2024, which is evident from annexure No.6, a copy of the order of trial court dated 06.03.2024.
7. It is also stated that the FIR in issue, which is the basis of criminal proceedings pending before the trial court, was lodged on account of some dispute between the parties and now the opposite party No.2, has no grievance against the applicants.
8. In the aforesaid facts and circumstances of the case, indulgence of this Court is required else pending proceedings would affect marital life of opposite party No.2.
9. For the purposes of quashing the pending proceedings on the basis of compromise/settlement, learned counsel for the parties placed reliance on the judgments of the Apex Court in the case(s) of Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409.
10. Learned AGA could not dispute the aforesaid facts of the case including that the pending proceedings would affect the life of opposite party No.2.
11. Considering the submissions advanced by learned counsel for the parties and perusing the order of trial Court dated 06.03.2024 as also taking note of the observations made by Hon'ble Apex Court in the judgments, referred above and the nature of crime, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court and hence, the same are hereby quashed in terms of the compromise.
12. Accordingly, the present appeal is allowed.
13. Taking note of the aforesaid as also the observations made by this Court in the judgment passed in the case of Criminal Appeal no. 5184 and 2022 & other connected appeal on 28.02.2023 as also the assertions made in the short counter affidavit, indicated above, the victim/ the respondent no. 2/Bindesh Bharti @ Karan Bharti is directed to deposit the amount received by him within next twenty days in the treasury of Samaj Kalyan Vibhag of respective Session's Division.
14. Office is directed to send a copy of this order to the court concerned through email/fax immediately for necessary compliance.
Order Date :- 12.4.2024/Mohit Singh/-