Mohan Pal vs State Of Uttarakhand And Another

Ravindra Maithani, J

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has been filed for quashing the chargesheet dated 01.06.2018, summoning order dated 03.07.2018 and the entire proceedings of Criminal Case No.5982 of 2018, State Vs. Priya Sharma and another, under Section 420 I.P.C. pending before the learned Chief Judicial Magistrate, Udham Singh Nagar qua the petitioner.

In the instant case, an F.I.R. was lodged on 13.02.2018 under Sections 420, 467, 468, 471 and 506 I.P.C. According to it, the co-accused executed a sale deed of some land in favour of the first informant, but subsequently it was revealed that co-accused Priya Sharma had never been the owner of the land, which she sold to the first informant. After investigation, chargesheet was submitted against the co-accused Priya Sharma under Sections 420, 467, 468, 471 and 506 I.P.C. and qua petitioner under Section 420 I.P.C. According to the Investigating Officer, the sale deed was allegedly executed by the co-accused, but the amount thereof was deposited in the account maintained by the petitioner.

It is being argued by learned counsel for the petitioner that petitioner has no role in the execution of the sale deed. He was not aware of it. The co-accused Priya Sharma was never instructed by the petitioner to execute the sale deed and no resolution as such was executed for the purpose of sale deed. Chargesheet in the matter is filed against two persons - petitioner and one co-accused.

Today, it is informed to the Court that petitioner and respondent no.2 have amicably settled their dispute and an affidavit to that effect has been filed by the petitioner as well as respondent no.2. Both the parties are present before this Court. Petitioner- Mohan Pal, who is identified by Mr. H.C. Bisht, Advocate for the petitioner and respondent no.2 - Manjit Singh, who is identified by Mr. Vipul Sharma, Advocate for respondent no.2 state before the Court that they have amicably settled their dispute.

Heard learned counsel for the parties and perused the record.

Learned counsel for the petitioner and respondent no.2 both would argue that the dispute between the parties is civil in nature and parties have settled their dispute. The continuance of criminal proceedings would yield no result and they need to be quashed. In the case of Gian Singh Vs. State of Punjab and Another, (2012) 10 SCC 303, Hon'ble Court, interalia, held as under:-

"61. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court............................"

In the case of Parbatbhai Aahir Alias Parbatbhai Bhimsinhbhai Karmur and Others Vs. State of Gujrat and Another, (2017) 9 SCC 641, Hon'ble Court had laid down the principles in the matter of quashing criminal proceedings on the ground of settlement between the parties.

As stated, the dispute between the parties is civil in nature and the parties have already settled their dispute amicably. In fact, if the trial proceeds now, the possibility of conviction is remote and bleak. It would not secure the ends of justice. In fact, interest of justice demands that the criminal case is put to an end. Therefore, this Court is of the view that since parties have amicably settled their dispute, the criminal proceedings arising out of F.I.R. in question deserves to be quashed and the petition deserves to be allowed.

Accordingly, the instant petition is allowed. The entire proceedings of Criminal Case No.5982 of 2018, State Vs. Priya Sharma and another, under Section 420 I.P.C. pending before the learned Chief Judicial Magistrate, Udham Singh Nagar is hereby quashed qua the petitioner.

Misc Application being IA No.5145/2019 stands disposed of accordingly.