Allahabad High Court
Dinesh Sharma And Another vs State Of U.P.And Others on 1 February, 2010
Author: R.K. Agrawal
Bench: R.K. Agrawal, S.C. Agarwal
Court No. 32
Criminal Misc. Writ Petition No. 959 of 2009
Dinesh Sharma & another ...............Petitioners
Versus
State of U.P. & others ..........Respondents
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Hon'ble R.K. Agrawal, J Hon'ble S.C. Agarwal, J The petitioners through the present writ petition have invoked the extra- ordinary jurisdiction of this Court under Article 226 of the Constitution of India praying for a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 1.11.2008 relating to case crime no. 1427 of 2008 under Section 139 of the Indian Electricity Act, P.S. Kavi Nagar, District- Ghaziabad.
Heard Sri Sunil Singh, learned counsel for the petitioners and learned AGA for respondent no. 1, 2 and 3. Learned counsel for respondent no. 4 - the complainant did not appear when the case was taken up in the revised list.
The F.I.R. was lodged by respondent no. 4 against the petitioners alleging that on 23.7.2008 at about 7.30 P.M., in village Shahpur Bamheta, P.S. Kavi Nagar, District- Ghaziabad, the driver of Dumper belonging to Sushil Kumar petitioner no. 2, while working on the project of Dinesh Sharma, petitioner No. 1, hit the dumper on electricity lines resulting in breakage of wires of 18-20 poles.
The petitioners moved an application before Addl. Sessions Judge, Court No. 2, Ghaziabad for a direction to the police for compounding the case. The application was dismissed by order dated 13.1.2009. The order dated 13.1.2009 was challenged by the petitioner before this Court in Criminal Misc. Writ Petition No. 1624 of 2009.
By order dated 29.1.2009 passed in Criminal Misc. Writ Petition No. 1624 of 2009, the matter was referred to the Mediation Centre of this Court. During proceedings before the Mediation and Conciliation Centre of this Court, the matter was mutually settled between the petitioners and U.P. Power Corporation. A copy of the settlement agreement has been filed by the petitioner as annexure No. 1 to the supplementary affidavit filed today.
As per the settled agreement, the parties agreed to settle the dispute on payment of Rs. 85,000/- to the Electricity Department. The payment was received by the Electricity Department and a receipt was issued on 17.6.2009. The parties agreed that all cases filed by them against each other including the Criminal Case No. 1427 of 2008, State Vs. Dinesh Sharma & others shall be treated to be withdrawn for all practical purposes.
Learned counsel for the petitioners submitted that parties have come to terms and the dispute has been mutually settled and thus the FIR and all proceedings connected therewith be quashed.
Apex Court in case of Madan Mohan Abbot Vs. State of Punjab (2008) 2 Supreme Court Cases (Cri.) 464 observed as under :-
"We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a pure personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.
Considering the fact that the subject matter of this FIR, now stands voluntary, mutually and amicably settled between the parties vide compromise entered into through Mediation Centre of this Court, we see no purpose in continuing the criminal proceedings arising out of FIR in question. After compromise between the parties, keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury for the courts.
We accordingly allow the writ petition and the FIR dated 1.11.2008 relating to case crime no. 1427 of 2008 under Section 139 of the Indian Electricity Act, P.S. Kavi Nagar, District- Ghaziabad and all proceedings connected therewith are quashed.
1.2.2010 KU/-