Court No. - 49
Case :- APPLICATION U/S 482 No. - 9726 of 2021
Applicant :- Arbaz
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Juned Alam,Mohd Hamid Counsel for Opposite Party :- G.A.,Aqueel Ahmad,Kirt Raj Yadav
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned counsel for the O.P. No. 2, learned A.G.A. for the State and perused the record.
This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 24.11.2017 as well as entire criminal proceedings in Criminal Case No. 5182 of 2019 arising out of Case Crime No. 250 of 2017 under Sections 147, 323, 504 I.P.C., P.S. Gambhirpur, District Azamgarh pending in the Court of Judicial Magistrate, Azamgarh.
Submission of learned counsel for the applicant is that parties have amicably settled their dispute. Dispute between the parties is a private in nature. It is further submitted that parties reached at the amicable settlement as such no useful purpose would be served in keeping the present proceedings pending, hence it is prayed that proceedings in this case be quashed.
Learned A.G.A. and learned counsel for the O.P. No. 2 have also stated that they have no objection to the petition being allowed on the basis of compromise.
In B.S. Joshi and others v. State of Haryana and another, (2003) 4 SCC 675, Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offence. Reference given by this Court in Shaifullah and others v. State of U.P. and another [2013 (83) ACC 278] in which law expounded by the Hon'ble Apex Court in the aforesaid case has been explained in detail.
Recently, Hon'ble Apex Court in Criminal Appeal No. 884 of 2021 arising out of S.L.P. (Cri) No. 4617 of 2021 Salimbhai Hamidbhai Memon v. Niteshkumar Maganbhai Patel & Anr has held in para no. 31 (6) that 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 deceit cannot appropriately 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.
In view of facts and circumstances and law laid down by Hon'ble Apex Court in the aforesaid authorities, the proceedings of the aforesaid case deserve to be quashed.
The impugned charge-sheet dated 24.11.2017 as well as entire criminal proceedings in above mentioned case stands quashed.
In the result, the instant application is allowed.
Order Date :- 27.9.2021/A. Mandhani
Digitally signed by ANIL KUMAR OJHA Date: 2021.09.28 17:46:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad