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Judgment
Vijay Kumar Verma, J.—By means of this application u/s 482 of the code of Criminal Procedure (in short the ''Cr.P.C.''), the applicants Ram Prasad, Shri Dev, Jai Dev and Atma Darshi have invoked the inherent jurisdiction of this Court, praying for quashing of the proceedings of Case No. 1547 of 2007 (State v. Ram Prasad and Ors.), pending in the court of Judicial Magistrate Gorakhpur.
Shorn of unnecessary details, the facts leading to the filing of the application u/s 482 Cr.P.C., in brief, are that opposite party No. 2 Jeetan had moved an application u/s 156 Cr.P.C. in the Court of Judicial Magistrate-II Gorakhpur. On the basis of the order passed on that application, an FIR was lodged on 13.06.20Q7 at P.S. Jhagaha, where a case under Sections 323, 504, 506, 394 IPC and 3(i)(X) SC/ST Act was registered at Crime No. 376 of 2007(C) against the applicants Ram Prasad, Shri Dev, Jai Dev and Atma Darshi. After investigation charge-sheet u/s 323, 504, 506 IPC and 3(i)(X) SC/ST Act has been submitted against the applicants, on the basis of which Criminal Case No. 1547 of 2007 has been registered. Now the applicants-accused have come to this court for quashing the proceedings of aforesaid case.
Heard learned Counsel for the parties and perused the record.
It was submitted by learned Counsel for the applicants that the dispute is of personal nature, which has been settled by the parties due to intervention of Allahabad High Court Mediation Centre and hence the proceedings of Criminal Case No. 1547 of 2007 should be quashed by this Court in its inherent jurisdiction u/s 482 Cr.P.C. For this submission, the Counsel for the applicants has placed reliance on the cases of B.S. Joshi and Others Vs. State of Haryana and Another, and Ausaf Ahmad Abbasi and Ors. v. State of U.P. and Anr. 2006(30) JIC 135 (All).
The matter was referred for reconciliation to Allahabad High Court Mediation Centre. The parties settled their dispute on 06.04.2008. Settlement agreement is on record, which shows that the dispute with regard to Crl. Misc. Application No. 1813 of 2008 (instant case) has been amicably settled by the parties through the process of conciliation/mediation.
Since the dispute of personal nature has been settled by the complainant and the applicants due to intervention of Allahabad High Court Mediation Centre, hence no useful purpose would be served by continuing the proceedings of Crl. Case No. 1542 of 2007.
Therefore, having regard to the observations made in cases of B.S. Joshi v. State of Haryana and Ausaf Ahmad Abbasi v. State of U.P. (supra), the proceedings of the criminal case referred to above may be quashed by this Court on its inherent jurisdiction. In the case of Ruchi Aqarwal v. Amit Kumar Aarawal and Ors. 2005 (51) ACC 21 the Hon''ble Apex Court quashed the proceedings of the criminal case due to the compromise entered into between the parties. Following this case, this court in the case of Shikha Singh and Ors. v. State of U.P. and Anr. 2007 (59) ACC 123, quashed the proceedings of criminal case due to the compromise entered into between the parties. Similarly in the case of Dinesh Kumar Jain and Ors. v. State of U.P. and Ors. 2007 (59) ACC 148 this court has quashed the proceedings of the criminal case u/s 498A, 323, 504, 506 IPC and 3/4 D.P. Act due to the compromise entered into between the parties in the proceedings u/s 125 Cr.P.C. Reliance in this case has been placed on B.S. Joshi v. State of Harvana (supra). In the case of Ganga Charan Rajpoot v. State of U.P. and Ors. 2007 (57) ACC 981, the proceedings of criminal case was quashed by this Court due to the compromise entered into between the parties outside the court.
Having regard to the observations made in the rulings mentioned herein-above, I am of the opinion that it would be an abuse of the process of the Court, if the criminal proceedings against the applicants is allowed to continue, as the dispute was of personal nature, which has been settled by way of compromise.
Therefore, to do the complete justice, the proceedings of Complaint Case No. 1547 of 2007 may be quashed by this Court in its inherent jurisdiction u/s 482 Cr.P.C.
Consequently, the application u/s 482 Cr.P.C. is allowed and proceeding of Crl. Case No. 1547 of 2007 (State v. Ram Prasad and Ors.), under Sections 323, 504, 506 IPC and 3(i)(X) SC/ST Act, pending in the court of Judicial Magistrate-II Gorakhpur is hereby quashed.
The office is directed to send a copy of this order to the lower court concerned for necessary action.