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Synopsis

The Allahabad High Court recently allowed an application filed by the Public Prosecutor for withdrawal from prosecution in a cheating case registered against Bahujan Samaj Party MLA in Uttar Pradesh, Uma Shankar Singh and others.

The bench of Justice Dinesh Kumar Singh noted that the dispute between the parties appeared to be personal in nature and the application revealed that the Public Prosecutor had not only considered the facts and circumstances of the case, but also considered the evidence in a fairly detail manner.

Court also took into consideration the fact that the offence concerned was allegedly committed in the year 2008 and till date charge had not been framed. Along with that, court also noted that the complainant himself had given an affidavit before the trial court in support of the application for withdrawal from prosecution.

The court was dealing with a plea filed under Section 482 CrPC for setting aside the order dated September 30, 2022, passed by Additional District and Sessions Judge, Ballia. The judge had rejected the Public Prosecutor's application for withdrawal from prosecution stating that matter appeared to be serious in nature and the Public Prosecutor had not applied his independent mind while moving the plea. 

The Trial Court had also stated that while filing the said application, no prior permission was taken from the High Court, and granting permission to withdraw from prosecution would not be in the public interest.

The high court held that the finding recorded by the trial court that the Public Prosecutor had not applied his independent mind while filing the application under Section 321 CrPC was not borne out from the record. 

Court referred to a catena of judgments of the Supreme Court and said that it is a well settled law that the criminal proceedings are result of personal/private dispute, the same can be quashed by the High Court in exercise of its powers under Section 482 CrPC if the parties have arrived at a compromise.

The FIR in the case was lodged at Police Station Kotwali, District Ballia by a bank official on May 21, 2010. As per the FIR, from an account in the name of Dev Construction Company in the District Cooperative Bank, Ballia, fraudulent withdrawals were made.

An enquiry was conducted by the bank and the matter was transferred to the CBCID for investigation which, after investigating, filed charge sheet under Sections 406, 409, 419, 420, 467, 468 and 471 IPC and Section 13(1)(c) and 13(2) of Prevention of Corruption Act and along with ten other accused persons, BSP MLA was summoned to face the trial.

Thereafter, the complainant in the case and the accused named in the FIR had settled the dispute amicably and the complainant gave an affidavit in the trial court stating that he would not have any objection if the application under Section 321 Cr.P.C. for withdrawal from prosecution of the petitioners is allowed.

The State government of Uttar Pradesh in year 2019 took a decision to withdraw from prosecution in the present case and permission was granted to the Public Prosecutor to move an application under Section 321 CrPC. However, the trial court rejected the said application.

Case Title: Uma Shankar Singh And 10 Others v. State of U.P.