Dilshad @ Anas v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 34405 of 2023 Applicant :- Dilshad @ Anas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dur Vijay Singh Counsel for Opposite Party :- G.A.,Maohammd Nadeem Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State/opposite party No.1 and learned counsel for opposite party No. 2. Perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 21.01.2022 and entire proceedings of S.T. No. 446 of 2022 (State of U.P. vs. Dilshad alias Anas) arising out of case crime no. 512 of 2021, under Section 3/5(1) of U.P. Prohibition of Unlawful Religious Conversion Act, 2021, P.S. Tirwa, District Kannauj pending in the court of 1st Additional Sessions Judge, Kannauj in terms of compromise dated 02.06.2023. It is submitted by the learned counsel for the applicant that opposite party No. 2, who is father of victim lodged a first information report against the applicant under Section 366 I.P.C. and 3/5(1) of U.P. Prohibition of Unlawful Religious conversion Act, 2021. During investigation, parents of the victim solemnized marriage of the victim with one Anil and victim is leading her matrimonial life with her husband Anil, but the investigating ofÏcer submitted charge sheet dated 21.1.2022 against the applicant. Thereafter, parties concerned have settled their dispute outside the Court and compromise dated 02.06.2023 has been filed before the court concerned where criminal proceeding against the applicant is pending. Said compromise application has been brought on record as Annexure No. 6 to this application. Vide order dated 10.07.2023 passed in an Application U/s 482 Cr.P.C. No. 24119 of 2023, this Court has directed the concerned court below to verify the compromise dated 02.06.2023, taken place between the parties concerned. Thereafter, the parties concerned appeared before the concerned court below and the compromise between them was verified vide order dated

28.07.2023. Certified copy of the same has been annexed as Annexure No. 2 to the application. On the strength of aforesaid facts, it is submitted that on account of compromise arrived at between the parties concerned, all disputes between them have come to an end, therefore continuance of criminal proceedings pursuant to impugned charge-sheet against the applicant after compromise between them would be a futile exercise and the same is liable to be quashed by this Court. Learned Additional Government Advocate as well as learned counsel appearing on behalf of opposite party No.2 do not dispute the aforesaid facts. Learned counsel for opposite party No. 2 has also submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, opposite party No.2 has no grievance and has no objection in quashing the impugned criminal proceedings against the applicant. After having heard the arguments of learned counsel for the parties, I find that after compromise/settlement arrived at between the parties in the present case, the chance of ultimate conviction is bleak and therefore, no useful purpose is likely to be served by allowing a criminal prosecution against the applicant to continue, as the same would be futile exercise and a sheer wastage of precious time of the Court. The continuation of a criminal proceedings after compromise would cause oppression and prejudice to the parties concerned. If the parties concerned wants to bury the hatchet and are willing to move on in personal dispute on the basis of compromise, they may be allowed to compound the offences in terms of settlement, because in such circumstances the proceedings can hardly be taken to their logical culmination and, the prospect of conviction gets lost. The Apex Court in case of State of Madhya Pradesh Vs. Laxmi Narayan and others AIR 2019 SC 1296 and Ramgopal and another Vs The State of Madhya Pradesh 2021 Supreme

(SC)529 after wholesome treatment has laid down guidelines for quashing of criminal proceedings arising out of non-compoundable offences under Section 320 Cr.P.C. on the basis of compromise, wherein quashing of proceeding of criminal cases which involved non compoundable offences has been approved by the Apex Court if the nature of the offence is private in nature and does not have a serious impact on society. Considering the facts and circumstances of this case in the light of dictum and guidelines laid down by the Apex Court as mentioned above, I find that the case in hand does not have grave and wider social ramifications and the dispute is more or less confined between the litigating parties, therefore this Court feels that this is a fit case, where this Court can exercise its inherent power to secure the end of justice. In the case in hand interest of justice would be met, if the prayer of parties is acceded to and the criminal proceedings and other litigation between the parties is brought to an end. In view of the above, the aforesaid criminal proceedings against the applicant are hereby quashed. The instant application under Section 482 Cr.P.C. is allowed in terms of compromise as mentioned above. Order Date :- 20.11.2023 Saurabh/-Anurag/- High Court of Judicature at Allahabad