The power of the High court under section 482 Cr.P.C. can be invoked beyond the metes and bounds of section 320 Cr. P.C: Allahabad High Court

Court No. 11 Case : U S 482 378 407 No. 40321 Applicant : Mata Bheekh Singh & Others Opposite Party : State Of U.P. & Another Counsel for Applicant : Virendra Singh Counsel for Opposite Party : G.A Hon ble Mrs. Sangeeta Chandra J 1) This petition has been filed with the following main 1) For the facts reasons and circumstances as stated in the accompanying affidavit it is most respectfully prayed that this Hon ble Court may kindly be pleased to quash the proceedings of criminal case at Trial No.292 2009 arising out of Case Crime No.335A 2007 under Sections 307 504 506 IPC Police Station Sareni District Rae Bareli pending before the learned Additional Sessions Judge Court No.6 Rae Bareli on the basis of settlement compromise executed in between the parties as contained in Annexure No.7 in the interest of justice 2) It has been submitted by the learned counsel for the petitioners that the opposite party no.2 had lodged an F.I.R. on 23.08.2007. The petitioners had also lodged an F.I.R. registered as Case Crime No.335 2007. A compromise has occurred between the parties. The true copy of the compromise has been filed through supplementary affidavit which has been taken on record Shri Dhirendra Singh Enrollment No.9643 03 Advocate Roll No.B D0240 2012 has filed his Power on behalf of the opposite party no.2. He says that indeed a compromise has taken place between the parties 4) Ms. Sikha Sinha learned AGA has pointed out that the trial has been going on since 2009 and is nearing completion. She has also pointed out the injury report annexed as annexure 02 which has mentioned at least six incised wounds on the face of the victim and says that in such cases under Section 307 of the IPC the inherent powers of quashing prosecution under Section 482 should not ordinarily be exercised. 5) Sri Dhirendra Pratap Singh has brought to the notice of this Court a judgement rendered by the Division Bench of the Hon ble Supreme Court on 29.09.2021 in Criminal Appeal No. 1489 of 2012 and Criminal Appeal No 1488 of 2012 where the Division Bench has observed after considering the larger Bench decision of the Hon ble Supreme Court in Gyan Singh vs. State of PunjabNature and effect of the offence on the conscience of the society Seriousness of the injury if any Voluntary nature of compromise between the accused and the victim & Conduct of the accused persons prior to and after the occurrence of the purported offence and or other relevant considerations. 6) The Supreme Court had allowed the Appeals by observing that the offences involved in the appeal could be categorized as purely personal and having no over tones of offence against the State and the nature of injuries were such as not to appear to exhibit any mental depravity for commission of an offence of such a serious nature that its quashing would over ride public interest The Court exercised its power under Article 142 saying that it is immaterial that the trial against the appellant has been concluded and there is a appeal against conviction The appeal should be dismissed because the parties on their own settlement without any coercion or compulsion willingly and voluntarily had buried their differences and wished to give a quietus to their dispute. The Court also looked into the fact that the occurrences in both the cases took place long time ago and there was nothing on record that the appellants and the complainants being residents of the same villages had thereafter breached the peace Therefore the criminal justice system would remain unaffected on acceptance of amicable settlement between the parties and resultant acquittal of the 7) No doubt the Hon ble Supreme Court has made such observations under Article 142 of the Constitution and has quashed a prosecution against the appellants not in the exercise of it s power of quashing under Section 482 of the Cr.P.C. but under Article 142 which is designed to do complete justice between the parties. However the observations made by the Hon ble Supreme Court seem appropriate in this case also. It has been submitted by the counsel for the petitioners and also by the opposite party no.2 that no untoward incident has occurred after the alleged assault which took place long time ago and in the heat of the moment under grave provocation. 8) Learned trial court be sent papers relating to this Application U s 482 forthwith by the Registry. The compromise which has been filed in the original through supplementary affidavit by the counsel for the petitioners shall be returned to him. 9) Accordingly the Application U s 482 stands disposed 10) Learned trial court shall verify the compromise occurring between the parties and pass appropriate orders thereon. It shall be open for the petitioners to approach this Court again by filing the appropriate petition for quashing of the proceedings thereafter. Till appropriate orders are passed by the concerned trial court verifying the compromise occurring between the parties no coercive steps be taken against the petitioners. Order Date : 22.10.2021

Summary: Offenses involved in the appeal could be categorized as purely personal and have no overtones of offense against the State and the nature of injuries was such as not to appear to exhibit any mental depravity for the commission of an offense of such a serious nature that its quashing would over-ride public interest. Such an observation was made by the Hon’ble Allahabad High Court before Hon’ble Justice Mrs. Sangeeta Chandra in the matter of Mata Bheekh Singh &amp;ors vs  State Of U.P. &amp; Anr [U/S 482/378/407 No. – 4035 of 2021] on  22.10.2021. 
The fact of the case was that the parties had reached a compromise and wanted to settle the matter. The objection of the state was that at least six incised wounds on the face of the victim, and says that in such cases under Section 307 of the IPC, the inherent powers of quashing prosecution under Section 482 should not ordinarily be exercised. Whereas, it was the contention of the appellant that the incident happened a long time back in a heat of the moment under grave provocation and no such incident had taken place since.

The Hon’ble High Court observed  “No doubt, the Hon’ble Supreme Court has made such observations under Article 142 of the Constitution and has quashed a prosecution against the appellants not in the exercise of it’s the power of quashing under Section 482 of the Cr.P.C. but under Article 142 which is designed to do complete justice between the parties. However, the observations made by the Hon’ble Supreme Court seem appropriate in this case also.”

Finally, the Hon’ble High Court allowed the appeal and directed the registry to forward the papers to the learned trial court, who shall verify the compromise occurring between the parties and pass appropriate orders thereon.
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Judgment Reviewed by: Rohan Kumar Thakur
 The fact of the case was that the parties had reached a compromise and wanted to settle the matter. The objection of the state was that at least six incised wounds on the face of the victim, and says that in such cases under Section 307 of the IPC, the inherent powers of quashing prosecution under Section 482 should not ordinarily be exercised. Whereas, it was the contention of the appellant that the incident happened a long time back in a heat of the moment under grave provocation and no such incident had taken place since. 
The Hon’ble High Court observed  “No doubt, the Hon’ble Supreme Court has made such observations under Article 142 of the Constitution and has quashed a prosecution against the appellants not in the exercise of it’s the power of quashing under Section 482 of the Cr.P.C. but under Article 142 which is designed to do complete justice between the parties. However, the observations made by the Hon’ble Supreme Court seem appropriate in this case also.”

Finally, the Hon’ble High Court allowed the appeal and directed the registry to forward the papers to the learned trial court, who shall verify the compromise occurring between the parties and pass appropriate orders thereon.
Click Here To Read The Judgment.
Judgment Reviewed by: Rohan Kumar Thakur
 The Hon’ble High Court observed  “No doubt, the Hon’ble Supreme Court has made such observations under Article 142 of the Constitution and has quashed a prosecution against the appellants not in the exercise of it’s the power of quashing under Section 482 of the Cr.P.C. but under Article 142 which is designed to do complete justice between the parties. However, the observations made by the Hon’ble Supreme Court seem appropriate in this case also.” 
Finally, the Hon’ble High Court allowed the appeal and directed the registry to forward the papers to the learned trial court, who shall verify the compromise occurring between the parties and pass appropriate orders thereon.