Court No. - 55
Case :- APPLICATION U/S 482 No. - 4175 of 2007
Applicant :- Chhutaku Singh And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- Govt. Advocate
Hon'ble Saurabh Shyam Shamshery,J.
The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the charge-sheet filed under Sections 395, 342 and 171 (C) I.P.C. by local police before the learned Special Judge (Dacoity), Orai, District-Jalaun registered as Sessions Trial No.146 of 2006, State of U.P. Vs. Chhutaku Singh & Ors, Police Station-Madhogarh, District-Jalaun.
Heard Mr. Ajay Sengar, learned counsel for the applicants, learned Additional Government Advocate for the State and Mr. Samar Singh, learned counsel appearing on behalf of O.P. No.
2. Perused the records.
Learned counsel for the applicants submitted that the applicant no.2 is no more, therefore, the application in respect of applicant no.2, Shri. Amar Singh, S/O Sri Jitawar Singh stands abated.
Learned counsel for O.P. No.2 (complainant) has filed a compromise affidavit dated 5.5.2017, wherein photo copy of the compromise has been annexed, which is taken on record.
Learned counsel for both the parties submit that the parties have amicably settled their dispute out of the court and they are living peacefully, therefore, the continuance of further proceedings of the above mentioned criminal case is nothing but an exercise in futility and the same may be quashed.
Learned Additional Government Advocate has also no objection to the aforesaid prayer in view of Hon'ble Supreme Court's judgment rendered in Gian Singh Versus State of U.P., (2012) 10 SCC 303; B.S. Joshi and others Versus State of Haryana and another, (2003) 4 SCC 675, Madan Mohan Abbot Versus State of Punjab, (2008) 4 SCC 582; and Narinder Singh and others Vs. State of Punjab and another, 2014(6) SCC page 466.
In all the aforesaid cases the Apex Court has reiterated 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 heinous 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, application is allowed and the charge- sheet filed in the above mentioned case and the proceedings are hereby quashed.
Order Date:-30.1.2019-SB