The Allahabad High Court said that when there is a settlement between the parties, the investigating officer should proceed with the investigation process on the basis of the same. The court ordered the investigation process on the basis of the settlement.
The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prakash Padia passed this order while hearing a petition filed by Shivji Gupta And 6 Others.
The petition has been preferred for quashing the impugned FIR dated 22.12.2022 being Case under Section 323, 504, 506, 392, 419, 420, 467, 468, 471 IPC and under Section 2 (1) (r), 3 (1) (s), 3 (2) (v), 3 (2) (va) SC/ST Act, P.S Meja, District Prayagraj on account of compromise deed dated 25.4.2023 and for a further direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
Counsel for the petitioners has submitted that dispute between the parties have already been settled amicably out of Court vide compromise deed dated 25.4.2023 and as such impugned FIR may be quashed.
Counsel for the petitioners makes a statement that till date no charge sheet has been submitted in the matter.
Counsel for the informant has also corroborated the submissions advanced by the counsel for the petitioners. He has also filed a short counter affidavit on behalf of the informant, which is taken on record.
On the basis of said affidavit, he has stated that the matter between the parties has already been settled amicably out of Court vide compromise deed dated 25.4.2023 and as such the informant has no objection, if the impugned FIR is quashed.
The Court noted that,
It is jointly submitted that this being an offshoot of a dispute, same has come to be amicably resolved under the compromise deed dated 25.4.2023, duly verified by the parties, pending proceedings would serve no purpose and the same are liable to be quashed in the light of the judgements of the Apex Court in the case of B.S Joshi v State of Haryana and others, 2003(4) SCC 675 and Gian Singh v State of Punjab, 2012(10) SCC 303.
Reliance has also been placed on the judgment of Division Bench of the Court dated 16.9.2022 in Criminal Misc Writ Petition (Anuj Pandey v State of U.P & Ors) wherein it is observed that the High Court has ample power under its inherent jurisdiction to quash the first information report in which the parties have settled their disputes which are of private in nature and have no any grave impact on the society. The time of courts as well as investigating agencies are very precious which should not be wasted in any futile proceedings where the chance of conviction is bleak.
Considering the facts and circumstances of the case, there is no need to keep the writ petition pending consideration, the Court observed.
The Court disposed of the petition and asked the investigating officer to proceed further in the matter strictly in accordance with law and as per the compromise deed dated 25.4.2023.