Allahabad High Court
Santosh Kumar Singh vs State Of U.P. And Another on 12 April, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 91 Case :- APPLICATION U/S 482 No. - 39537 of 2019 Applicant :- Santosh Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Kumar Singh,Syed Imran Ibrahim Counsel for Opposite Party :- G.A.,Gaurav Tripathi Hon'ble Syed Aftab Husain Rizvi,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party, learned A.G.A. for the State and perused the material on record.
The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing the proceeding of S.T. No195 of 2015 (State vs. Santosh Kumar Singh) arising out of case crime no.1121 of 2013, under Section 323, 344, 506, 377, 498A, 109 & 120B IPC, P.S. Sarailakhansi, District Mau.
It is submitted that during the course of proceedings, the parties have reconciled their differences and the compromise has been entered between them which has been produced in writing. The opposite party no.2 has acknowledged the aforesaid facts.The parties have appeared before the court below and the court below has verified the compromise. Vide supplementary affidavit the applicant has filed compromise deed and copy of the compromise which has been verified by the trial court and copy of order dated 28.02.2022 mentioning the verification as annexure no.S.A.-1 supplementary affidavit which is filed today. Both the parties are agreed that in terms of the compromise the proceeding of case be terminated and the entire proceedings be quashed.
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 :- 12.4.2022 C. MANI