This application under section 482 of the Criminal Code of Procedure, 1973 (CrPC) has been filed by the appellants for quashing the charge sheet no. 38 of 2012 dated 20.03.2012 as well as entire proceedings of Criminal Case No. 335 of 2012 which arose out Case No 97 of 2012 in the Panchsheel Nagar pending in the court of Additional Civil Judge.
It was submitted by the counsel for appellants that appellant No. 1 had purchased land in dispute from Madhu Sharma, who is the daughter-in-law of the opposite party No. 2 and the appellant No. 2 and 3 are the witnesses of the sale deed dated 12.12.2011. It was also submitted that as per prosecution case, opposite party No. 2 had filed a First Information Report alleging that the sale of the disputed land concerned was wrongly executed by Madhu Sharma in favour of appellant No. 1. The Investigation Officer had filed an impugned charge sheet under section 420 of Indian Penal Code, 1860. The said charge sheet has been challenged in this present application. It is also submitted that during the pendency of the case, the parties had entered into a compromise outside the court, and thereafter through civil suit No. 62 of 2017 was filed by the grandson of opposite party No. 2 for cancellation of the sale dated 12.12.2011 has been decided in terms of the compromise entered into by the parties.
It is also submitted that the criminal proceedings pursuant to the impugned charge sheet against the appellants after the compromise was made would be wrong. Therefore the same should be quashed.
The Allahabad High Court thus held that once the parties have already made a compromise as to their dispute, it would be prejudicial if criminal proceedings are continued regarding the same dispute. The Hon’ble Court, therefore, allowed the application filed by the appellants under section 482 of CrPC, 1973. The Court also said that it was not necessary to move ahead with punishment regarding every dispute especially when the parties have agreed and made a compromise outside the court.