Sharik @ Chhotu and 4 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 35971 of 2023 Applicant :- Sharik @ Chhotu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shobhit Pathak Counsel for Opposite Party :- G.A.,Anuj Dutt Mishra Hon'ble Sanjay Kumar Singh,J.

¶1Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party No.1, learned counsel for opposite party No. 2 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge sheet No. 002A of 2023 dated

26.01.2023, cognizance order dated 10.04.2023 and proceeding of Case No. 203 of 2023 (Computer Case No. 15128 of 2023) (State Versus Sharik @ Chhotu and others) arising out of Case Crime No. 649 of 2022, under Sections 147, 148, 149, 323, 308, 504, 506 I.P.C., Police Station Katghar, District Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, New Court No.2, Moradabad on the basis of compromise between the parties concerned.

¶3Filtering out unnecessary details, the basic facts in brief, which are necessary for disposal of this case as argued by the learned counsel for the applicants are that opposite party no.2 lodged F.I.R. on 18.10.2022 against the applicants and three others accused persons under Sections 147, 148, 149, 452, 323, 307, 504, 506 I.P.C., in which after culmination of investigation charge sheet has been submitted against the applicants on 26.01.2023, on which Magistrate concerned took cognizance and summoned the applicants vide order dated

10.04.2023. Thereafter, parties concerned have settled their dispute outside the Court and a compromise application dated 27.05.2023 has been filed before the concerned court below, which has been verified by the Magistrate concerned on

16.08.2023 pursuant to order dated 24.07.2023 of coordinate Bench of this Court passed in Application under Section 482 Cr.P.C. No. 26015 of 2023. Certified copy of aforesaid compromise verification order has been brought on record as Annexure No. 5 to this application.

¶4On 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 as well as cognizance order against the applicants after compromise between them would be a futile exercise and the same is liable to be quashed by this Court.

¶5Learned 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 if the impugned criminal proceedings against the applicants is quashed.

¶6After 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 applicants 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.

¶7The 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, 2021Supreme

(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.

¶8Considering 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.

¶9In view of the above, charge sheet, cognizance order and criminal proceedings of aforesaid case against the applicants are hereby quashed.

¶10The instant application under Section 482 Cr.P.C. is allowed in terms of compromise as mentioned above. Order Date :- 13.12.2023 Kashifa High Court of Judicature at Allahabad