Jairam and 2 Others v. State of U.P. and 2 Others

Court No. - 91 Case :- APPLICATION U/S 482 No. - 14389 of 2023 Applicant :- Jairam And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Atul Pandey Counsel for Opposite Party :- G.A.,Shanti Dhar Dwivedi Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicants and Shri Shanti Dhar Dwivedi, learned counsel for the opposite party nos. 2 and 3 as well as learned AGA for the state.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet No.A300/2022 dated

4.10.2022 and all its entire proceedings of Case Crime No.143/2022 (State Vs. Abhishek Yadav and others), under sections 323, 504, 506, 308, 452 IPC, Police Station Maharajganj, District Azamgarh pending in the court of learned Special Judge, POCSO Act Ist, Azamgarh.

¶3Pursuant to order dated 24.04.2023, the parties appeared before the court below for verification of settlement/ compromise, who were duly identified by their counsel's, while verifying the compromise / settlement dated 22.05.2023.

¶4It is submitted by learned counsel for the applicant that all the disputes and differences have been settled between the parties. At this stage, learned counsel further submitted that continuation of the proceedings of the aforesaid case will be an abuse of process of law. No fruitful purpose would be served by keeping the matter pending. In support of his contention, learned counsel for the applicant has also placed reliance on the law laid down by Apex Court in Gian Singh vs. State of Punjab, (2012), 10 SCC 303, B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582.

¶5On the other hand, learned counsel for the opposite party nos.2 and 3 submits that since the dispute between the parties has been settled, opposite party nos.2 and 3 has no objection if the proceedings of the aforesaid complaint case pending before the trial court is quashed.

¶6I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.

¶7In all the aforesaid cases, the Apex Court has laid down the law that criminal proceedings may be quashed even in non-compoundable cases by the High Court in exercise of its inherent extraordinary jurisdiction to restore peace between the parties and in case the justice so demands. According to Hon'ble Supreme Court, if the offence involve private dispute between the parties of commercial nature or matrimonial dispute and it is not related to heinous offence, the proceedings may be quashed.

¶8The facts and circumstances as stated hereinabove are peculiar in the present case. From perusal of the record, it is apparent that the daughter and the grand-daughter of the first informant are alleged to be beaten by the applicants. Opposite party no.2 and injured Sarita and Priti Yadav were examined on 6.5.2022 and

16.5.2022 under section 161 Cr.P.C by the concerned Investigating Officer and injured Sarita and Priti Yadav have medically examined on 5.5.2022 before the Public Health Centre, Bilariyaganj, Azamgarh. The injured Priti Yadav was also recorded her statement under section 164 Cr.P but nothing has stated against the applicants. Nothing overt act has been done with her and as of now the matter has been mutually compromised between the parties. As such, looking to the facts and circumstances of the case, no mental depravity is involved in the case. If the request of the parties is denied, it will be amounting to only adding one more criminal case to the already overburdened criminal courts.

¶9Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.

¶10In view of the above, the Application u/s 482 Cr.P.C. is allowed.

¶11The entire proceedings of charge sheet charge sheet No.A300/2022 dated 4.10.2022 and all its entire proceedings of Case Crime No.143/2022 (State Vs. Abhishek Yadav and others), under sections 323, 504, 506, 308, 452 IPC, Police Station Maharajganj, District Azamgarh against the applicants are quashed in terms of the compromise arrived at between the parties. Order Date :- 18.10.2023 SFH High Court of Judicature at Allahabad