Court No. - 49
Case :- APPLICATION U/S 482 No. - 3053 of 2021 Applicant :- Aftab Alam And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Gulam Husain Counsel for Opposite Party :- G.A.,Qaisar Kamal Ansari
Hon'ble Vivek Agarwal,J.
1. Mohd. Gulam Husain, learned counsel for the applicant and Sri Gambhir Singh, learned AGA for the State.
2. This petition has been filed under Section 482 Cr.P.C., seeking quashing of the charge sheet dated 25.12.2018 as well as summoning order dated 30.8.2019 in Criminal Case No. 2089 of 2019 (State Vs. Aftab Alam and others) arising out of Case Crime No. 390 of 2018, under section 147, 452, 323 and 504 IPC, police station Mohammadabad, District Mau pending in the Court of Judicial Magistrate, Mau. Petitioner has sought quashing of the proceedings on the basis of some compromise entered into between the parties.
3. Compromise has been verified by the Judicial Magistrate, Mau in the aforesaid criminal case. It is submitted that dispute is in between brothers, section 308 has been wrongly invoked in as much as fracture has taken place with one of the members of the complainant parties who were going through staircase and had slipped. In view of the compromise
4. In case of Gian Singh Vs. State of Punjab and another (2012) 10 SCC 303, the Supreme Court has held that criminal cases having overwhelmingly and predominantly civil flavour i.e. offences arising from commercial, financial, mercantile, civil, partnership or like transactions or offences arising out of matrimony relating to dowry, etc. or family disputes where the wrong is basically private or personal in nature and parties have resolved their entire dispute then High Court may quash criminal proceedings after considering whether it would be unfair or contrary to interest of justice to continue with the criminal proceedings or continuation of criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between parties. In view of such pronouncement, the Supreme Court has upheld validity of law laid down in case of B.S. Joshi, (2003) 4 SCC 675, Nikhil Merchant, (2008) 9 SCC 677 and Manoj Sharma, (2008) 16 SCC 1.
5. In view of above, charge sheet dated 25.12.2018 as well as summoning order dated 30.8.2019 in Criminal Case No. 2089 of 2019 (State Vs. Aftab Alam and others) arising out of Case Crime No. 390 of 2018, under section 147, 452, 323 and 504 IPC, police station Mohammadabad, District Mau pending in the Court of Judicial Magistrate, Mau is quashed.
6. Accordingly application is allowed and disposed of.
Order Date :- 27.7.2021 S.K.S.