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2025 DAILYLAW 105491 (ALL)

HARSH SONI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/37853/2024 · 2025-07-09

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110014 Court No. - 72 Case :- APPLICATION U/S 482 No. - 37853 of 2024 Applicant :- Harsh Soni And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- Anuj Kumar Srivastava,G.A.,Rajendra Prasad Maury Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned counsel for the informant; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of S.T. No.21/2020 (State of U.P. Versus Mahendra Verma and others) under Sections 395, 397, 412 I.P.C., Police Station-Ait, District-Jalaun, Case Crime No.36 of 2020, pending before the Court of Additional Sessions Judge/Special Judge (D.A.A.) Jalaun at Orai, on the basis of compromise between the parties. 3. It is alleged in the F.I.R. that informant's onion loaded truck was looted by four unknown persons at gun point. Counsel for the applicants submits that the Applicants are not named in the F.I.R. and there is no evidence against the applicants. Now the applicants and opposite party no. 2 have amicably settled the dispute and entered into compromise which is filed as Annexure-5 to the application. 4. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 5. On the other hand, learned A.G.A. vehemently opposed the aforesaid submission raised by counsel for the applicants and submits that applicants are involved in the offence under Sections 395, 397 and 412 I.P.C. and the alleged offences are against the society. 6. Considered the argument raised by counsel for the parties. The applicants were involved in robbery which is against the society. There can be no doubt that a case under Section 302 IPC or other serious offences like those under Sections 395, 307 or 304- B cannot be compounded and hence proceedings in those provisions cannot be quashed. The Hon. Apex Court in the case of Gian Singh Vs. State of Punjab and Another AIR 2012 SC( CRI) 1796, has held that heinous and serious offences of mental depravity or offences like murder, rape dacoity, etc. cannot be fittingly quashed even though the parties have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. 7. This Court is not inclined to allow the application in terms of the compromise entered into between the parties. The application is, accordingly, dismissed. Order Date :- 10.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad