Court No. - 12
Case :- APPLICATION U/S 482 No. - 11651 of 2018
Applicant :- Bauan Singh @ Gyanendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Suresh Singh Gautam
Counsel for Opposite Party :- G.A.,Atul Kumar Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and the learned AGA for the State.
This application has been filed praying for quashing of the proceedings as well as charge-sheet in Case Crime No.139 of 2017, (State Vs. Bauan Singh and others) under Sections 323, 504, 506 I.P.C & Section 3(1) (X) SC/ST Act, Police Station Gajner, District Kanpur Dehat.
On the first hearing of the case on 13.04.2018 Sri Atul Kumar Singh, learned counsel appearing on behalf of opposite party no.2 filed his Vakalatnama and also an affidavit stating that the opposite party no.2 and the applicant are neighbours and they have settled their dispute out side the Court and do not want to proceed with the criminal case any further. By the order dated 23.04.2018 this Court directed that the affidavit filed before this Court may be sent to the Court below for verification of signatures of the parties and accordingly a report has been sent by the Special Judge (SC/ST Act), Kanpur Dehat stating that on 15.05.2018 both the parties have filed a compromise before the Court, which has been duly verified and the original compromise has been sent to this Court along with the report dated 15.05.2018 of the learned Special Judge (SC/ST Act), Kanpur Dehat. It is clear from the above facts that the parties have entered into a compromise and the offence alleged against the applicant had nothing to do with public peace.
Learned counsel for opposite party no.2 stated that the compromise has been arrived at out of own free will of opposite party no.2. There is no element of coercion or undue influence and he has no objection if the entire proceedings of the aforesaid case are quashed.
Learned A.G.A. has no objection in view of Hon'ble Supreme Court's judgment rendered in (2012) 10 Supreme Court Cases 303; Gian Singh Versus State of U.P., (2003) 4 Supreme Court Cases 675; B.S. Joshi and others Versus State of Haryana and another and in (2008) 4 Supreme Court Cases 582; Madan Mohan Abbot Versus State of Punjab and Narinder Singh and Ors. Vs. State of Punjab and another, 2014(6) SCC 466.
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 disputes and it is not related to a henious offence, the proceedings may be quashed.
Keeping in view the fact that the parties have put to an end, their all disputes by means of settlement, the continuance of criminal proceedings between them is nothing but an exercise in futile.
In view of the above, the present application is allowed and the entire proceedings of Case Crime No.139 of 2017, (State Vs. Bauan Singh and others) under Sections 323, 504, 506 I.P.C & Section 3(1) (X) SC/ST Act, Police Station Gajner, District Kanpur Dehat pending in the court of Special Judge (SC/ST Act), Ramabai Nagar (Kanpur Dehat) along with the charge sheet are hereby quashed.
Order Date :- 30.5.2018 SS