Allahabad High Court
Swati Gupta vs State Of Up Another on 3 September, 2024
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:142249 Court No. - 77 Case :- APPLICATION U/S 482 No. - 16801 of 2024 Applicant :- Swati Gupta Opposite Party :- State Of Up Another Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A.,Rama Pati Tripathi Hon'ble Rajeev Misra,J.
1. Heard Mr. Prabhat Shukla, the learned counsel for applicant, the learned A.G.A. for State and Mr. Gokul Prasad, Advocate, holding brief of Mr. Rama Pati Tripathi, the learned counsel for first informant/opposite party-2.
2. Charge sheeted accused-applicant- Swati Gupta has approached this Court by means of present application under section 482 Cr.P.C.with the following prayer:-
“It is therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to allow the present criminal misc. application and to quash the entire proceeding of Case No. 8706 of 2024 (State Vs. Swati Gupta) arising out of Case Crime No. 100 of 2023, Under Section 323, 504, 506 I.P.C., P.S. Harbans Mohal, District Kanpur Nagar as well as impugned charge sheet dated 30.09.2023 and impugned cognizance order dated Metropolitan Magistrate-IX, Kanpur Nagar, on the basis of compromise dated 03.05.2024.
It is further prayed that this Hon’ble Court may graciously be pleased to stay the further proceeding of Case No. 8706 0f 2024 (State Vs. Swati Gupta) arising out of Case Crime No. 100 of 2023, Under Section 323, 504, 506 IPC, P.S Harbans Mohal, District Ka pur Nagar pending I.P.C., P.S. Harbans Mohal, District Kanpur Nagar pending before the learned Metropolitan Magistrate-IX, Kanpur Nagar, during the pendency of the present Criminal Misc. Application before this Hon’ble Court, meanwhile, otherwise, the applicant shall suffer an irreparable loss and substantial injury.”
3. Present application came up for admission on 10.06.2024 and this Court passed the following order:-
“1. Heard Sri Sudhakar Shukla, learned counsel for the applicant, Sri Abhishek Tripathi, learned A.G.A. for the State-O.P. no.1 and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.8706 of 2024 (State Vs. Swati Gupta) arising out of Case Crime No.100 of 2023, under Sections 323, 504, 506 IPC, P.S. Harbans Mohal, District Kanpur Nagar as well as impugned charge sheet dated 30.09.2023 and cognizance order dated 07.02.2024 passed by the Metropolitan Magistrate IX, Kanpur Nagar.
3. It is submitted by learned counsel for the applicant that the parties have amicably settled their dispute outside the Court and the opposite party no.2 does not want to prosecute the applicant. The compromise has taken place between them on 03.05.2024 and the compromise deed has been annexed as Annexure-4 to the affidavit filed in support of this application.
4. Learned A.G.A. and learned counsel appearing for the opposite party no.2 do not dispute the aforesaid facts.
5. In view of above facts, the parties shall file an application along with the compromise deed before the concerned Court below and appear before the Court concerned for verification of the compromise in the First Week of July, 2024. On receiving the said application, the Court below shall take steps for verification of the compromise and shall prepare a verification report. The concerned Court shall sent the verification report to this Court, which may be placed in the file.
6. Put up this matter as fresh on 01.08.2024 along with report of Court below.
7. Meanwhile, no coercive action shall be taken against the applicant, in the aforesaid case, till the next date of listing. ”
5. Learned counsel for applicants contends that the dispute between the parties is a purely private dispute and not against State/Body During the pendency of criminal proceedings before Court below, parties entered into an amicable settlement. On account of above, the parties ultimately entered into a compromise. He, therefore, contends that in view of the compromise entered into by the parties and it’s subsequent verification by Court below, the present application is liable to be allowed.
6. Learned for State and Mr. Gokul Prasad, Advocate, holding brief of Mr. Rama Pati Tripathi, the learned counsel for first informant/opposite party-2 submit that once the first informant/opposite party-2 himself entered into a compromise with accused-applicants, therefore, they have no objection, in case, present application is allowed.
7. Be that as it may, this Court is not unmindful of the following judgements of Apex Court:
i. B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675
ii. Madan Mohan Abbot Vs. State of Punjab, (2008) 4 SCC 582
iii. Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]
iv. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1
v. Shiji @ Pappu and Others VS. Radhika and Another, (2011) 10 SCC 705
vi. Gian Singh Vs. State of Punjab (2012) 10 SCC 303
vii. K. Srinivas Rao Vs. D.A Deepa, (2013) 5 SCC 226
viii. Dimpey Gujral and others Vs. Union Territory through Administrator, U.T. Chandigarh and others, (2013) 11 SCC 497
ix. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466
x. Yogendra Yadav and Ors. Vs. State of Jharkhand and another (2014) 9 SCC 653
xi. Shlok Bhardwaj Vs. Runika Bhardwaj, (2015) 2 SCC 721
xii. C.B.I. Vs. Maninder Singh (2016) 1 SCC 389
xiii. C.B.I. Vs. Sadhu Ram Singla and Others, (2017) 5 SCC 350
xiv. Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others Vs. State of Gujarat and another, (2017) 9 SCC 641
xv. Anita Maria Dias and Ors. Vs. State of Maharashtra and Others, (2018) 3 SCC 290
xvi. Social Action Forum For Manav Adhikar and Another Vs. Union of India and others, (2018) 10 SCC, 443 (Constitution Bench)
xvii. State of M.P. VS. Dhruv Gurjar and Another, (2019) 5 SCC 570
xviii. State of M.P. V/s Laxmi Narayan & Ors., (2019) 5 SCC 688
xix. Rampal Vs. State of Haryana, AIR online 2019 SC 1716
xx. Arun Singh and Others VS. State of U.P. and Another (2020) 3 SCC 736
xxi. (Ramgopal and Another Vs. The State of M.P.), 2021 SCC OnLine SC 834
xxii. Daxaben Vs. State of Gujarat, 2022 SCC Online 936.
xxiii. State of Kerala VS. Hafsal Rahman N.R., Special Leave Petition (Criminal) Diary Nos. 24362 of 2021.
wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. However, Apex Court in State of M.P. Vs. Laxmi Narayan (Supra) held that no compromise can be made in respect of offences against society as they are not private in nature. Similarly in Ram Pal Vs. State of Haryana (Supra) it has been held that no compromise can be made in cases relating to rape and sexual assault. Recently, the Apex Court in Daxaben (supra) has held that no compromise can be made in matter under Section 306 IPC. In state of Kerala Vs. Hafsal Rahman (Supra), Court has held that no compromise can be entertained in matters under the POCSO Acts. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278] in which the law expounded by the Apex court in some of the aforesaid cases has been explained in detail.
Recently Apex court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur (Supra) has laid down the following guidelines with regard to quashing of criminal proceedings as well compromise in criminal proceedings in paragraphs 16 to 16.10 of the report, which read as under:
“16. The broad principles which emerge from the precedents on the subject, may be summarized in the following propositions
16.1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;
16.2. The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
16.3. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power;
16.4. While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised;
(i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court;
16.5. The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;
16.6. In the 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 dacoity 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;
16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned;
16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;
16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and
16.10. There is yet an exception to the principle set out in propositions 16.8 and 16.9 above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.”
Recently in Ramgopal and another (supra), Court has again reiterated the guidelines regarding quashing of criminal proceedings in view of compromise. Following has been observed in paragraph 18-19:-
“18. It is now a well crystalized axiom that plenary jurisdiction of this Court to impart complete justice under Article 142 cannot ipso facto be limited or restricted by ordinary statutory provisions. It is also noteworthy that even in the absence of an express provision akin to Section 482 Cr.P.C. conferring powers on the Supreme Court to abrogate and set aside criminal proceedings, the jurisdiction exercisable under Article 142 of the Constitution embraces this Court with scopious powers to quash criminal proceedings also, so as to secure complete justice. In doing so, due regard must be given to the overarching objective of sentencing in the criminal justice system, which is grounded on the sub-lime philosophy of maintenance of peace of the collective and that the rationale of placing an individual behind bars is aimed at his reformation.
19. We thus sum-up and hold that as opposed to Section 320 Cr.P.C. where the Court is squarely guided by the compromise between the parties in respect of offences ‘compoundable’ within the statutory framework, the extra-ordinary power enjoined upon a High Court under Section 482 Cr.P.C. or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercise carefully in the context of quashing criminal proceedings, bearing in mind: (i) Nature and effect of the offence on the conscious of the society; (ii) Seriousness of the injury, if any; (iii) Voluntary nature of compromise between accused and the victim; & (iv) Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations.”
8. In State of M.P. Vs. Laxmi Narayan (Supra), the Apex Court held that mere mention of Section 307 IPC cannot be sole basis for not quashing the proceedings. Court has to examine whether the prosecution has collected sufficient evidence for framing of charge under Section 307 IPC. The Court has further required to examine the weapons used and nature of injury and whether injury has been inflicted on vital/delicate parts of the body, the previous antecedents of accused and whether they are absconding and how the compromise was got entered into by the parties are relevant factors, which must be considered. The above observations can be clearly delineated from the recital occurring in paragraphs 11 to 18 of the aforementioned report.
9. Having heard the learned counsel for applicants, the learned A.G.A. for State-opposite party-1, the learned counsel representing first informant-opposite party-2 and upon perusal of record, this Court finds that this Court finds that there does not exist any legal impediment in accepting the compromise entered into by the parties. In view of the compromise entered into by the parties, the chances of conviction of accused applicants are remote and bleak. As such, no useful purpose shall be served in prolonging the criminal proceedings pending against present accused-applicants.
10. In view of the discussion made above, the present application succeeds and is liable to be allowed.
11. It is, accordingly, allowed.
12. The entire proceedings of Case No. 8706 of 2024 (State Vs. Swati Gupta) arising out of Case Crime No. 100 of 2023, Under Section 323, 504, 506 I.P.C., P.S. Harbans Mohal, District Kanpur Nagar now pending in the Court of Metropolitan Magistrate-IX, Kanpur Nagar are, hereby, quashed.
Order Date :- 3.9.2024
Arshad