Court No. - 48
Case :- APPLICATION U/S 482 No. - 2555 of 2019 Applicant :- Bhoore And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.,Manju Savita
Hon'ble Om Prakash-VII,J.
A supplementary affidavit annexing the verification report of the compromise entered into between the parties made by the court below has been filed and the same is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the opposite party no.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of complaint case no. 19 of 2016 under Sections 323, 504, 506, 387 IPC, P.S. Sirsa Kalar, District - Jalaun pending in the court of Additional Sessions Judge / Special Judge (D.A.A.), Jalaun at Orai.
Pursuant to order dated 22.1.2019, the parties appeared before the court below on 5.2.2019 for verification of settlement, who were duly identified by their counsel's, while verifying the compromise / settlement arrived at between the parties.
It is submitted by learned counsel for the applicants that in view of the settlement, the proceedings of the aforesaid complaint case pending before the court below be quashed in light of the law laid down by Apex Court in Gian Singh vs. State of U.P., (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 counsel for the opposite party no.2 submits that since the dispute between the parties has been settled, opposite party no.2 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. 19 of 2016 under Sections 323, 504, 506, 387 IPC, P.S. Sirsa Kalar, District - Jalaun pending in the court of Additional Sessions Judge / Special Judge (D.A.A.), Jalaun at Orai against the applicants are quashed in terms of compromise.
Order Date :- 27.2.2019 ss