Mohd. Zeeshan and 5 Others v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 43414 of 2019 Applicant :- Mohd. Zeeshan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicants, learned counsel for the opposite party No.2 as well as learned AGA and perused the record.

¶2The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the charge sheet dated

18.07.2017, cognizance order dated 06.06.2018 as well as entire proceedings of Criminal Case No.300 of 2018 (State Vs. Mohd. Zeeshan and others), arising out of Case Crime No.99 of 2017, under Sections 147, 148, 149, 323, 504, 506, 336, 190, 324 IPC, Police Station Shiwala Kalan, District Bijnor, pending before the court of learned Civil Judge (Junior Division)/Judicial Magistrate, Chandpur, District Bijnor.

¶3With respect to the incident in question, both the parties have lodged cross case against each other. Instant matter is arising out of Case Crime No.0099 of 2017 dated 18.06.2017 filed on behalf of the opposite party no.2. During the pendency of the case, both the parties have entered into compromise. Having considered the amicable settlement took place between the parties, this Court has passed the order dated 15.11.2021 directing to the court below concerned to verify the compromise arrived at between the parties.

¶4For ready reference, order dated 15.11.2021 is quoted herein below:- " Heard learned counsel for the applicants and learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceedings including charge sheet dated 18.07.2017 as well as cognizance order dated 06.06.2018 in Criminal Case No.300 of 2018 (State Vs. Mohd. Zeeshan and others), arising out of Case Crime No.99 of 2017, under Sections 147, 148, 149, 323, 504, 506, 336, 190 and 324 IPC, Police Station-Shiwala Kalan, District-Bijnor pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Chandpur, District-Bijnor. Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them on

29.04.2019, which has been reduced in writing. Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the dispute. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of 30 days from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court. List in the week commencing 03rd January, 2022. Till then no coercive measure shall be taken against the applicants."

¶5In pursuance of the order dated 15.11.2021 passed by this Court, learned Civil Judge (Junior Division)/ Judicial Magistrate, Chandpur, District Bijnor has submitted its report dated

23.12.2021 along with copy of the compromise verification order and compromise application. Perusal of the compromise verification report as well as compromise verification order reveals that both the parties were present personally before the court and they have been identified by their respective counsel. The terms of the compromise has been spelled out to the parties concerned, who have admitted the factum of the compromise and, accordingly, compromise, took place between the parties, has been verified.

¶6Learned counsel for the applicants 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 buried the hatchet and living peacefully. It is further submitted that there is no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the applicants 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.

¶7In 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."

¶8Learned 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.

¶9Learned 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.

¶10Having 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.

¶11In 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.

¶12Let a copy of the order be transmitted to the concerned lower Court for necessary action. Order Date :- 12.12.2023 Mini High Court of Judicature at Allahabad