Allahabad High Court
Smt. Munni Devi And 3 Others vs State Of U.P And Another on 17 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- APPLICATION U/S 482 No. - 34579 of 2022 Applicant :- Smt. Munni Devi And 3 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Girish Kumar Yadav,Pushpendra Singh Jadon Counsel for Opposite Party :- G.A. Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. appearing for the State and perused the record.
This criminal application under Section 482 Cr.P.C. is filed with the prayer to quash the entire proceeding of charge sheet dated 13.12.2004 and its cognizance order dated 11.03.2005 as well as entire proceedings of Criminal Case No. 443 of 2005 (State Vs. Hari Om and Others), arising out of Case Crime No. 435 of 2004, under Sections 323, 504, 506, 498A I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Kotwali Hathras, District- Hathras, pending in the court of Additional District and Sessions Judge, Court No. 5, Hathras on the basis of compromise dated 24.02.2022.
It is contended by learned counsel for the applicant that the applicant no.4 is husband of opposite party no.2 and there was some dispute between them. The parties have settled the matter through compromise. The applicants filed Criminal Misc. Application (U/s 482 Cr.P.C.) No.13694 of 2022 and this Court was pleased to pass following order dated 16.07.2022:
"Heard Sri Pushpendra Singh Jadon, learned counsel for the applicants, learned A.G.A. for the State as well as perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing of the charge sheet dated 13.12.2004, cognizance order dated 11.03.2005 as well as entire proceeding of Criminal Case No. 443 of 2005 (State Vs. Hari Om and Others), arising out of Case Crime No. 435 of 2004, under Sections 323, 504, 506, 406, 498A I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Kotwali Hathras, District- Hathras, pending in the court of Additional Sessions Judge, Court No. 5, Hathras, with a further prayer to set aside the consequential conviction order dated 19.05.2014 passed by the Chief Judicial Magistrate, Hathras, in Criminal Case No. 3384 of 2004 (State Vs. Hari Om and Others), arising out of Case Crime No. 435 of 2004, under Sections 323, 504, 506, 406, 498A I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Kotwali Hathras, District- Hathras, with a further prayer to stay the further proceedings in Criminal Appeal No. 33 of 2014 (Hari Om and Others Vs. State of U.P. and Another), pending in the court of Additional District and Sessions Judge, Court No. 5, Hathras in terms of compromise arrived at between the applicants and the opposite party No. 2.
Learned counsel for the applicants submits that applicants have amicably compromised their dispute and in respect thereof, they have annexed an original compromise deed as Annexure No. 4 to this application, which has been filed before the court below, therefore, the aforesaid case may be decided in terms of the compromise between the parties.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court.
Both the parties are directed to appear before the concerned court below on 28.07.2022. The court below is directed to pass an order on the said compromise application and all formalities completed within eight weeks from that date. The concerned Magistrate will sent a report to this Court whether the said compromise took place or not.
Accordingly, the present application stands disposed of with a direction to the court concerned that if any such compromise is filed before it or has been already filed, 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. The court 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 applicants to approach this Court again for quashing of the proceedings.
For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case.
Counsel for the applicants or the applicants themselves are directed to inform the opposite party No. 2 with regard to the date fixed in the matter i.e. 28.07.2022 for the parties to appear before the court below. "
In compliance of aforesaid order of this Court, the parties appeared before the trial court and the trial court has duly verified the compromise. Compromise verification report is Annexure-7 to the affidavit filed in support of the application.
Both the parties have entered into amicable settlement. The fact of compromise has been confirmed and admitted by learned counsels for the parties.
A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58).
"58. 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."
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. [Vide: Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692].
Keeping in mind the position of law and facts, circumstances of the case, the present application under Section 482 of the Code stands allowed.
The entire proceedings relating to aforementioned case is hereby quashed.
The parties may file the copy of this order before the court concerned within two weeks from today.
The party shall file computer generated copy of such order download from the official website of High Court Allahabad or certified copy issued from the Registry of the 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 :- 17.11.2022 MN/-