Court No. - 49
Case :- APPLICATION U/S 482 No. - 29888 of 2018
Applicant :- Sharad Sharma And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Manju Savita Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajnikant Pandey, brief holding of Smt. Manju Savita, learned counsel for the applicants, Sri Ajay Sengar, 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 11.9.2007 as well as the entire proceedings arising out of Case Crime No. 502 of 2007, under Sections- 352, 504, 506 I.P.C. and 3(I) (X)SC/ST Act, 1989, Police Station- Ata, District- Jalaun.
3. Learned counsel for the applicants submits that:-
(i) the dispute between the parties were purely private in nature;
(ii) the FIR came to be lodged by the opposite party no. 2 owing to some property dispute 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, opposite party no. 2 does not wish to press charges against the applicant/s.
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 Ajay Sengar, learned counsel for the opposite party no. 2 has filed personal affidavit of the informant wherein the aforesaid facts stated by the applicant/s have been confirmed.
7. 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.
8. Paragraph nos. 5, 6, 7, 9 and 10 of the said personal affidavit read as under:
"5. That the passes of time, and due to intervening and interference of the senior citizens, the Applicant has paid all of the expansion if any and also tendered his apology on 12.07.2018 before the Opposite Party No.02, so the Opposite Party No.02 has also excused to the Applicants and became ready to Compromise from him. As such a Compromise has been taken place on 12.07.2018 in our of the Courts where it has been decided that since the Applicant has restored the losses of the Opposite Party No.02 who also decided not to prosecute the crime against the Applicants.
6. That the Applicants and the Opposite Party No.02 are residing at neighborhood in the locality whereas the Applicants always helped to the Opposite Party No.02 who now do not want to prosecute the Applicants, So his version may be treated as a compromise before this Hon'ble Court and now the Opposite Party No.02 also has no grievances from the Applicants. The grievances if any are no more due to compromise between the Applicants and the Opposite Party No.02.
7. That, the Opposite Party No.02 is also filing separate affidavit before this Hon'ble Court who may consider the same in the light of the compromise where the Opposite Party No.02 do not want to prosecute to the Applicants. So this Hon'ble Court may consider the same and quash the entire proceedings in view of the compromise against the Applicants.
9. That , it is a case which arises from the illegal pressure made by the police concerned and now the parties have no grievances against the Applicants, Now the same has been resolved by them.
10. That, being so, continuance of the prosecution where the complainant is not ready to suppor tht eallegations which are now described by her as arising out of some "misunderstanding and misconception" will be a futile exercise that will serve no purpose. It is noteworthy that the two alleged eyewitnesses, who are closely related to the complainant, are also no longer supportive of the prosecution version. The continuance of the proceedings is thus nothing but an empty formality. Thus Section 482 Cr.P.C. could, in such circumstances, be justifiably invoked by this Hon'ble Court to prevent abuse of the process of law and thereby preventing a wasteful exercise by the Court below."
9. 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.
10. From a perusal of the record, it appears, the real dispute between the parties were civil and private in nature and criminal prosecution arose incidently 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 his 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 differenciation 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.
16. 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.
17. 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 :- 5.9.2018 Gaurav Pal