Vinay Singh Yadav v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 19717 of 2023 Applicant :- Vinay Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A.,Ashok Kumar Mishra Hon'ble Dinesh Pathak,J.

¶1Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

¶2Heard learned counsel for the applicant, learned counsel for the opposite party No.2 as well as learned AGA and perused the record.

¶3The present applicant has invoked the inherent power of this Court under Section 482 CrPC beseeching the quashing of the charge-sheet No.68 of 2023 dated 27.2.2023 as well as the entire criminal proceedings of Special Case No.410 of 2023 (State vs. Pranshu Yadav and others), arising out of Case Crime No.0030 of 2023, under Sections 392, 411, 120-B IPC, Police Station - Bhognipur, District - Kanpur Dehat as well as summoning and cognizance order dated 18.3.2023 passed by Special Judge (Dacoiety Affected Area), District - Kanpur Dehat.

¶4Opposite party No.2 has lodged an F.I.R. levelling allegation of criminal conspiracy and robbery against the present applicant. During pendency of the case, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Having considered the amicable settlement, this Court, vide order dated 03.07.2023 has issued a direction for verification of compromise.

¶5For ready reference, order dated 03.07.2023 is quoted herein below:- "Heard learned counsel for the applicant, learned counsel for opposite party no.2 and learned A.G.A for the State. Shri Ashok Kumar Mishra, has filed memo of appearance on behalf of opposite party no.2 along with short counter affidavit. Office is directed to print the name of Shri Ashok Kumar Mishra, as counsel for the respondent, whenever the case is listed next. Learned counsel for the applicant submits that both the parties have amicably settled their dispute and inked compromise dated 13.05.2023, which has been filed as annexure no.10 to the affidavit filed in support of the instant application. It is further submitted that both the parties have buried the hatchet and living peacefully. Learned counsel for the opposite party no.2, has nodded the submissions advanced by the learned counsel for the applicant and admitted the factun of compromise. In this eventuality both the parties are hereby directed to appear before the court concerned on 19th July, 2023 along with original copy of the compromise dated 13.05.2023. Learned trial court shall verify the compromise and submit a verification report within a period of one month from the date of first appearance of the parties as mentioned above. List this matter on 22nd August, 2023, along with verification report submitted by learned court below with respect to the compromise dated

13.05.2023. Till the next date of listing, no coercive action shall be taken against the present applicant."

¶6In pursuance of the order dated 03.07.2023 passed by this Court, learned IIIrd Additional District and Sessions Judge/Special Judge (Dacoiety Affected Area), District - Kanpur Dehat has submitted its compromise verification report dated 20.7.2023 along with copy of the compromise application dated 19.7.2023 and verification order dated

20.07.2023.

¶7Perusal of the compromise verification order dated

20.7.2023 reveals that both the parties were present personally before the Court below and they have been identified by their respective counsel. The contents of compromise has been spelled out to the parties concerned, who have admitted the factum of the compromise and stated that they voluntarily entered into compromise without any duress.

¶8Learned counsel for the applicant submits that, in the eventuality of amicable settlement arrived at between the parties and the verification of said compromise by the court competent, the instant application may be allowed and entire criminal proceeding may be quashed. It is further submitted that both the parties have entered into compromise out of their own volition without any duress and buried the hatchet. It is further submitted that now there is no dispute exists between the parties and they have no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the applicant has relied upon the following judgments of the Hon'ble Apex Court :-

(i) B.S.Joshi & Others Vs. State of Haryana & Others;

(2003) 4 SCC 675.

(ii) Nikhil Merchant Vs. Central Bureau of Investigation;

(2008) 9 SCC 667.

(iii) Manoj Sharma Vs. State & Others; (2008) 16 SCC 1.

(iv) Gyan Singh Vs. State of Punjab (2012) 10 SCC 303.

(v) Narindra Singh & Others Vs. State of Punjab (2014) 6 SCC 466.

¶9In a recent judgment passed by a Three Judges' Bench of the Apex Court in the Case of Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, reported in AIR 2017 SC 4843, Hon'ble Supreme Court has summarized the ratio of all the cases decided earlier with respect to quashing of F.I.R./charge-sheet/criminal proceeding on the ground of settlement between the parties and expounded the ten categories in which application under Section 482 could be entertained for quashing the F.I.R./charge-sheet/criminal proceeding on the basis of compromise. Para no. 15 of the said judgement summarizing the proposition in this respect is reproduced below:- "15. (i) Section 482 preserves the inherent power of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;

(ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.

(iii) In forming an opinion whether a criminal proceeding or compliant should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power;

(iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised;(i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court;

(v) The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;

(vi) In exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot approximately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;

(vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned;

(viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;

(ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and

(x) There is yet an exception to the principle set out in propositions (viii) and

(ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance."

¶10Learned AGA has no objection, in case, the instant application is decided by this Court on the basis of compromise took place between the parties, which is duly verified by the court concerned.

¶11Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, if the instant application is decided finally on the basis of the said compromise. He also submits that compromise was verified in presence of both the parties, who have voluntarily entered into compromise and opposite party no. 2 does not wants to prosecute the present case against the applicants any more as no dispute remains between the parties.

¶12Having considered the compromise verification report, compromise verification order and with the assistance of the aforesaid guidelines, keeping in view the nature of gravity and severity of the offence, which are more particular in private dispute, it is deemed proper that in order to meet the ends of justice, the present proceeding should be quashed. In result, dispute between the parties will put to an end, peace will be resorted and relationship between them will be smooth. No useful purpose would be served to keep the present matter pending inasmuch as both the parties have buried the hatchet and as the time passes, it will be difficult to prove the guilt of the accused. The continuation of criminal proceeding would cause oppression and prejudice.

¶13In view of the aforesaid pronouncements of the Hon'ble Apex Court and in the light of the compromise arrived at between the parties, which has been duly verified by the concerned court below, the present application under Section 482 Cr.P.C. is hereby allowed. The entire criminal proceeding of the aforementioned case is hereby quashed.

¶14Let a copy of the order be transmitted to the concerned lower Court for necessary action. Order Date :- 18.10.2023 Vandana Y. High Court of Judicature at Allahabad