Court No. - 49
Case :- APPLICATION U/S 482 No. - 32238 of 2018
Applicant :- Bhoorey Prajapati
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- B.N.Singh,Santosh Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants, Sri Manish Kumar Singh, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 07.08.2017, cognizance order dated 25.06.2018 in Case Crime No. 595/2017, under Section- 354- D/427 I.P.C., and 7/8 POCSO Act, Police Station- Kotwali Orai, District- Jalaun.
3. Learned counsel for the applicants submits that:-
(i) the dispute between the parties were purely civil and private in nature;
(ii) the FIR came to be lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged;
(iii) there never was any criminal intent on part of the applicant/s nor any criminal offence as alleged had ever occurred;
(iv) there are no injuries;
(v) at present, the parties to the dispute who are neighbours, have resolved their differences and made peace;
(vi) in view of the settlement reached between the parties, they pray another chance be given to them to develop and experience normal relationship;
(vii) the continuance of the criminal trial may in fact hamper the otherwise good chance of the parties enjoying a normal relationship;
(viii) in such changed circumstances, the opposite party no. 2 does not wish to press charges against the applicant.
4. In the above regard, a written compromise has been entered into between the parties. A copy of the same has been annexed with the affidavit in support of the present application.
5. Sri Manish Kumar Singh has filed his appearance slip on behalf of opposite party no. 2 as well as personal affidavit of opposite party no. 2 today, which is taken on record, wherein the aforesaid facts stated by the applicant has been confirmed.
6. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. In fact, the counter affidavit filed today discloses that the compromise the above described compromise had been entered into between the parties. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.
7. Paragraph nos. 4, 5 and 6 of the said counter affidavit read as under:
"4. That the opposite party no.2 (Deponent) had initiated the aforesaid case against the applicant and one another person due to wrong impression that the Alto car has been put into fire by the applicant. Some person of locality with ulterior motive said that the alleged occurrence has been done by the applicant, therefore a first information report has been lodged. The opposite party no.2 (Deponent) later on inquired the matter deeply and found that the applicant is innocent and he is being prosecuted wrongly without any offence. Therefore the opposite party no.2 (Deponent) consulted with the applicant and said that she has implicated to him in wrong impression on the instigation of some persons of locality and now she wants to withdraw her case.
5. That thereafter the opposite party no.2 (Deponent) and the applicant entered into compromise by which the opposite party no.2 (Deponent) became ready to withdraw her case by which the relation between both families be restore as earlier. The applicant along with opposite party no.2 (Deponent) engaged their counsel in civil court orai and expressed their desire by which an application of compromise dated 07.08.2018 has been drafted with the consent of both parties by their counsel. Thereafter both the parties signed on the compromise application and the same was verified by their respective counsel.
6. That the opposite party no.2 (Deponent) does not want to proceed with the case against the applicant and wants to withdraw her case which is pending before court below."
8. In support of his contentions, learned counsel for the applicants has placed reliance on the judgments of Apex Court in the case of Narinder Singh vs. State of Punjab reported in (2014) 6 SCC 466, Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653 and Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641.
9. From a perusal of the record, it appears, the real dispute between the parties were civil and private in nature and criminal prosecution arose incidentally and not as a natural consequence of the real occurrence. It is further apparent that the parties have entered into a compromise and they further appear to have settled their aforesaid real disputes amicably. The opposite party no. 2, who would be a key prosecution witness, if the trial were to proceed, has declared her unequivocal intent to turn hostile at the trial. In such circumstances, it is apparent that merits and truth apart, the proceedings in trial, if allowed to continue, may largely be a waste of precious time by the learned court below.
10. The court cannot remain oblivious to the hard reality that the facts of the present case and other similar cases present where, though the allegations made in the FIR do appear to contain the ingredients of a criminal offence, however, in view of settlement having been reached, the chances of conviction are not only bleak but, if such trials are allowed to continue along with all other trials that lie piled up in practically all criminal courts in the state, the continuance of trials in cases such as the instant case may only work to the huge disadvantage of other cases where litigants are crying for justice.
11. In normal circumstances, the court would be loathe to accept some of such compromise arrangements. However, that course does not commend to the court in view of the high pendency of criminal cases and the high propensity to lie and state falsehood that appears to be otherwise rampant in the society - where desire to take revenge appears to sometime over shadow the pure pursuit of justice; where winning a legal battle matters more than doing the right thing; where teaching lesson to one's adversary often appears to be the only purpose of instituting a criminal proceeding.
12. Thus, looking at the prevalent tendencies in the society, a more pragmatic, and less technical approach commends to the court - to let some criminal prosecutions such as the present case be dropped, for the sake of more effective, efficient and proper trial in other cases where the litigants appear to be serious about their rights and more consistent in their approach.
13. Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties and taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh vs. State of Punjab (supra), Yogendra Yadav vs. State of Jharkhand (supra) and Parbatbhai Aahir Vs. State of Gujarat (supra) the entire proceedings of the aforesaid case is hereby quashed.
14. The present 482 Cr.P.C. application thus may be allowed, subject however to payment of cost to be deposited by the parties before the High Court Legal Services Committee, Allahabad, within a period of three weeks from today. Such cost has to be imposed to let the parties (in this case) in particular and the society in general know that the courts cannot remain a mute spectator to unscrupulous and errant behaviour of its members. A society that will allow its members to misuse its courts, will ultimately suffer and pay a huge cost. Litigants, both genuine and bogus, will always continue to stand in a common queue. The courts have no mechanism to pre-identify and distinguish between the genuine and the bogus litigants. That differentiation emerges only after the hearing is concluded in any case. Hearing requires time. In fact, even if the courts were to take punitive action against a bogus litigant, then, being bound by rules of procedure and fairness, such cases are likely to require more time to be devoted to them than a case of two genuine litigants.
15. In such circumstances, though no useful purpose would be served in allowing the prosecution to continue any further, however, no firm conclusion may be reached, at this stage, as to complete falsity of the allegations made against the applicant. The present 482 Cr.P.C. application thus stands allowed, subject however to payment of cost Rs. 4,000/- (2,000 on each party) to be deposited before the High Court Legal Services Committee, Allahabad, within a period of three weeks from today.
16. The Legal Services Committee exists and works for the benefit of those litigants for whom court procedures are difficult to afford. It provides a crucial and essential service to the society itself. It thus appears proper to direct payment of the amount of cost to the Legal Services Committee, as a reminder and warning to the society and its members to introspect and reflect at their actions and deeds and also at the consequences that follow.
Order Date :- 19.9.2018 Prakhar