Court No. - 52
Case :- APPLICATION U/S 482 No. - 9955 of 2018 Applicant :- Ankit Dubey @ Avnish Dubey And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Puneet Bhadauria Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Puneet Bhadauria, learned counsel for the applicants, Sri Kamlesh Singh, Advocate has filed his Vakalatnama on behalf of opposite party no.2, learned AGA for the State and perused the record.
Present application has been filed by the applicants with the prayer to quash the entire proceedings of criminal case no.5232 of 2017 (State Vs. Ankit Dubey and others), pending in the court of C.J.M., Etawah, arising out of case crime no.469 of 2016, under Sections 147, 149, 294, 336, 325, 323, 504, 506 IPC, P.S. Friends Colony, District Etawah.
It has been contended by learned counsel for both the parties that the applicants and opposite party no.2 are in the same village as neighbours. It has been argued and has also been averred in the joint affidavit filed by applicant no.1 on behalf of other applicants and opposite party no.2 and the victim Shweta Dubey. In paragraph-11 of the affidavit it is averred that during investigation also as both the parties have buried their hatches and had requested the Investigating Officer to drop the proceedings. However, charge sheet was submitted against the applicants. In para 12 of the affidavit, it is stated that the parties have reconcile amongst themselves and their relations have become cordial and are living peacefully in the locality. In view of it, the parties are not interested to contest the case and if the proceedings of the present case are continued, there would be amount to an abuse of process of the court.
In view of the averments made in the joint affidavit, no useful purpose would be served if the proceedings are continued against them. Though some of the offences are not compoundable, however, in view of the settled law laid by the Apex Court that if the parties have arrived at a compromise and he dispute between them is purely of personal nature then the proceedings even for the offences which are non-compoundable can be quashed by the High Court in the exercise of inherent power.
I have perused the allegations made in the first information report and the averments made in the joint compromise.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 28.3.2018 Hasnain