Sri Vaibhav Mishra, Advocate has filed his vakalatnama on behalf of opposite party no.2, the same is taken on record.
Heard Sri Shiv Sharan Lal Maurya, learned counsel for the applicant and Sri Vaibhav Mishra, learned counsel for opposite party no.2 as well as learned AGA for the State.
The instant application has been filed on behalf of applicant to quash the impugned charge sheet no. 08/17 dated 03.02.2017 submitted in S.T. No.85/2017 (State Vs. Nand Kishore Maurya), arising out of Case Crime No. 25/2017 under Sections 504, 506 of IPC and 3(1)(x) amended Section 3(1) (Da) (Dha) of SC/ST Act, Police Station Malihabad, District Lucknow pending in the Court of Special Judge SC/ST Act.
Learned counsel for the applicant as well as learned counsel representing the opposite party no.2 jointly submit that an FIR was lodged by the opposite party no.2 against the applicant on the basis of some misunderstanding between the parties. However, the parties have now settled the dispute by entering into a written compromise and the same has been placed in original at Annexure no.5 of the paper book. It is also submitted that in the compromise it has been specifically stipulated that the parties are living with peace and they are not having any enmity towards each other and the opposite party no.2 does not want to prosecute the applicant. It is further submitted that the parties have earlier approached this Court by filing Application u/s 482 Cr.P.C. No. 1343 of 2021 and vide order dated 01.07.2021 the parties were directed to appear before the trial Court for the purpose of verification of compromise with further direction to the Court that if the compromise is verified, the Court shall prepare a report and will also allow the parties to obtain certified copy of the report as well as of compromise. It is submitted that in pursuance of the order of this Court the parties have appeared before the trial Court and the compromise has been verified and the report has also been prepared by the trial Court which has been placed at Page No. 28 and 29 as well as page no. 35 of the paper book. It is also submitted that the dispute between the parties is not such that the interest of either the public at large or the society at large is at stake and the pendency of the criminal case in the Sub-ordinate Court may generate another round of litigation between the parties, therefore, in the light of the compromise, the proceedings of the case be quashed.
Learned AGA would also have no objection if the proceedings pertaining to the minor criminal offence is culminated by way of settlement arrived at between the parties.
Having considered the arguments of learned counsel for the applicants as well as learned A.G.A. and learned counsel for opposite party No.2, perusal of record shows that a compromise had taken place, whereby a stipulation was made that the parties will withdraw the criminal cases pending against each other. This Court was approached by the parties and a specific order was passed in Case (482) No. 1343 of 2021 vide order dated 01.07.20201 directing the subordinate Court to verify the compromise. Now the compromise have been verified and verification report has also been prepared by the subordinate Court, a copy of which has been placed on record.
Since the dispute between the parties is purely of personal nature and only minor penal offences are involved, keeping in view the law laid down by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab reported in (2012)10 SCC 303, Shiji and others Vs. Radhika and others Manu/ SC/1341/2011, Manoj Sharma Vs. State of U.P. (2008)16 SCC1, Narinder Singh Vs. State of Punjab reported in (2014)6 SCC 466, Yogendra Yadav Vs. State of Jhakhand reported in (2014) 9 SCC 653 as well as in a recent case decided by Hon'ble the Supreme Court on 4.10.2017 passed in Crl. Appeal No. 1723 of 2017, arising out of SLP (Crl.) No. 9549 of 2016 Parbatbhai Aahir @ Parbatbhai, Bhimsingh Bhai Karmur and others Vs. State of Gujrat reported in (2017)9 SCC 641, the proceedings of above mentioned S.T. No.85/2017 (State Vs. Nand Kishore Maurya), arising out of Case Crime No. 25/2017 under Sections 504, 506 of IPC and 3(1)(x) amended Section 3(1) (Da) (Dha) of SC/ST Act, Police Station Malihabad, District Lucknow pending in the Court of Special Judge SC/ST Act, are hereby quashed.
Accordingly, the application filed by the applicants under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 19.8.2021 Mohit