Court No. - 73
Case :- APPLICATION U/S 482 No. - 38393 of 2016
Applicant :- Abhishek Mishra And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar
Counsel for Opposite Party :- G.A.,Abhishek,Arvind Kumar Jaiswal
Hon'ble Om Prakash-VII,J.
Supplementary affidavit annexing the verification report filed today is taken on record.
Heard Sri Manoj Kumar, learned counsel for the applicants and learned AGA for the state.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of Complaint Case no. 442 of 2013, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Gagaha, District- Gorakhpur pending in the court of Judicial Magistrate-I, Gorakhpur as well as summoning order dated 22.06.2013 passed by Judicial Magistrate-I, Gorakhpur in terms of compromise.
Pursuant to order dated 19.07.2019, the parties appeared before the court below on 13.08.2019 for verification of settlement / compromise, who were duly identified by their counsel's, while verifying the compromise / settlement dated 16.09.2019.
It is submitted by learned counsel for the applicants that all the disputes and differences have been settled between the parties. At this stage, learned counsel further submitted that continuation of the proceedings of the aforesaid case will be an abuse of process of law. No fruitful purpose would be served by 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.
On the other hand, learned learned submits that since the dispute between the parties has been settled, learned AGA has no objection if the proceedings of the aforesaid complaint case pending before the trial court is quashed.
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 Complaint Case no. 442 of 2013, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Gagaha, District- Gorakhpur pending in the court of Judicial Magistrate-I, Gorakhpur as well as summoning order dated 22.06.2013 passed by Judicial Magistrate-I, Gorakhpur against the applicants are quashed in terms of compromise arrived at between the parties.
Order Date :- 30.9.2019 Sanjeet