Court No. - 73
Case :- APPLICATION U/S 482 No. - 34405 of 2016
Applicant :- Ankesh Baranwal And 3 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.,Annapurna Devi,Khurshed Alam
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Vipul Kumar Singh, Advocate holding brief of Sri Raghvendra Prakash, learned counsel for the applicants and Sri Himanshu Sharma, Advocate holding brief of Ms. Annapurna Devi, learned counsel for the opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 29.5.2016 passed by learned Additional Civil Judge, Junior Division/Judicial Magistrate Court No. 24, Deoria as well as the entire proceedings of Complaint Case No. 491 of 2015 under Section 498-A, 323, 504 IPC and 3/4 of Dowry Prohibition Act pending in the court of Additional Civil Judge, Junior, Division/Judicial Magistrate , Court No. 24 Deoria.
Submission of learned counsel appearing for the applicants is that the matter was referred to the Mediation Centre. Parties settled the dispute and settlement agreement was prepared by the Mediation Centre on 21.3.2017. In compliance of conditions and terms entered into between the parties divorce petition was filed which was allowed. Entire amount agreed between the parties have also been paid. Thus, it is submitted by learned counsel for the applicant 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 keeping the matter pending. In support of his contention, learned counsel for the applicant 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.
Learned counsel appearing for the opposite party no. 2 argued that since parties have settled the dispute, divorce decree has been passed, entire amount agreed between the parties have been paid, he has no objection if the application is allowed.
Learned AGA has opposed the prayer.
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. 491 of 2015 under Section 498-A, 323, 504 IPC and 3/4 of Dowry Prohibition Act pending in the court of Additional Civil Judge, Junior, Division/Judicial Magistrate , Court No. 24 Deoria against the applicant and order dated 29.5.2016 passed by Additional Civil Judge, Junior, Division/Judicial Magistrate , Court No. 24 Deoria are quashed in terms of compromise arrived at between the parties.
Order Date :- 26.7.2019 Mohit