LAWS(ALL)-2019-11-383

SANDEEP SINGH Vs. STATE OF U.P.

Decided On November 21, 2019
SANDEEP SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The present petition under Section 482 CrPC has been filed for quashing of the proceedings of case no.15524 of 2018, arising out of the FIR No.304 of 2018, under Section 323 , 504 , 506 , 364 , 511 , 120 B IPC, police station Kotwali Nagar, Ayodhya, pending in the court of learned Additional Chief Judicial Magistrate, Ayodhya. A prayer has also been made for quashing of the order dated 20.8.2018 whereby the bailable warrants have been issued against the petitioners as they did not answer the summons. The ground for quashing of the impugned proceedings is the compromise arrived at between the parties which has been placed on record as Annexure-6. According to the compromise, the complainant and the petitioner no.1 are partners in the business of property dealing. Certain disputes arose as the firm incurred losses. By intervention of well wishers and friends and family, the parties have reconciled their differences. It has been further said that because of some misunderstanding, the FIR was registered and now the parties have reconciled their disputes amicably and complainant does not want to prosecute the petitioner any further.

(2.) Learned counsel for the petitioner submits that even from the reading of the FIR, only attempt for committing an offence under Section 364 IPC has been alleged. He also submits that though the offence is not compoundable under section 320 CrPC but this Court in exercise of its power under Section 482 CrPC in appropriate cases can quash the proceedings on the basis of compromise arrived at between the parties in respect of the offences which are not compoundable.

(3.) Considering the fact that the petitioner no.1 and the complainant were business partners, the allegations in the FIR is to the effect for an attempt to abduct the complainant. Since the parties have settled their disputes amicably they are present in the court in person who have been identified by their respective lawyers and they have unequivocally stated that they do not want to pursue the case any further and, the FIR was result of some misunderstanding and, now with the intervention of family and friends they have settled their disputes, it would be appropriate to quash the proceedings inasmuch as no purpose would be served by continuing the proceedings before the learned trial court. However, since the parties have wasted the precious time of the court by setting in motion criminal justice delivery system by lodging the FIR, investigation and issuing process etc, it will be appropriate to impose some cost on the petitioner as well as the respondent. In view thereof, the petitioner no.1 and respondent no.2 are directed to deposit a sum of Rs.15000/- each in the Army Casualty Welfare Fund within four weeks from today and, produce the slip of deposit before the learned trial court. In the event the amount is not deposited as directed aforesaid, this order of quashing the proceedings will not have any effect and the learned trial court would be free to proceed with the matter in accordance with law.