Court No. - 74
Case :- APPLICATION U/S 482 No. - 40405 of 2019 Applicant :- Aashish Jindal And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Keeping in view the order passed on 19.9.2019 in the Application U/S 482 No. 34243 of 2019 and the verification report of the Trial Court, no notice is being issued to the opposite party no. 2 and the application is decided at this stage itself. If the opposite party no. 2 feels aggrieved with this order, it will be open to her to file recall application.
Present application has been filed with the prayer to quash the entire proceedings of criminal case no. 9 of 2017 (State Vs. Aashish Jindal and others) arising out of case crime no. 976 of 2016, under Sections 498-A, 506 IPC and Section 3/4 D. P. Act, Police Station Sector 24, NOIDA, district Gautam Budh Nagar pending in the court of Civil Judge (S.D.)/F.T.C., Gautam Budh Nagar. Further prayer has been made to stay further proceedings of the aforesaid case.
Heard learned counsel for the applicants, learned A.G.A. and perused the entire record.
It appears that applicants have earlier approached this Court by moving Application U/S 482 Cr.P.C. No. 34243 of 2019 which was disposed of directing the court below to verify the compromise entered into between the parties.
Referring to the annexure no. 14 it is also argued that compromise entered into between the parties has been verified by the court below. Other disputes pending between the parties have also been settled. Since it is matrimonial dispute pendency of the same will be an abuse of process of law.
Referring to the settlement agreement entered into between the parties, it is also submitted by learned counsel for the applicants that both the parties (husband and wife) are living separately and have parted their ways. All the disputes and differences have been settled between them. No fruitful purpose would be served in keeping the matter pending. In support of his contention, learned counsel for the applicants has also placed reliance on the law laid down by Apex Court in Gian Singh vs. State of Punjab, (2012), 10 SCC 303, B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.
In all the aforesaid cases, the Apex Court has laid down the law that criminal proceedings may be quashed even in non-compoundable cases by the High Court in exercise of its extraordinary jurisdiction to restore peace between the parties and in case the justice so demands. According to Hon'ble Supreme Court, if the offence involve private dispute between the parties of commercial nature or matrimonial dispute and it is not related to heinous offence, the proceedings may be quashed.
Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.
In view of the above, the Application u/s 482 Cr.P.C. is allowed.
The entire proceedings of criminal case no. 9 of 2017 (State Vs. Aashish Jindal and others) arising out of case crime no. 976 of 2016, under Sections 498-A, 506 IPC and Section 3/4 D. P. Act, Police Station Sector 24, NOIDA, district Gautam Budh Nagar pending in the court of Civil Judge (S.D.)/F.T.C., Gautam Budh Nagar against the applicants are quashed.
Order Date :- 26.11.2019 Sachdeva