Court No. - 48
Case :- APPLICATION U/S 482 No. - 427 of 2019
Applicant :- Devendra Kumar Samadhiya And 04 Others
Opposite Party :- State Of Up And Another Counsel for Applicant :- Shiv Bahadur Yadav Counsel for Opposite Party :- G.A.,Keshav Yadav
Hon'ble Om Prakash-VII,J.
The present application u/s 482 CrPC has been filed with the prayer to quash the entire proceedings of the complaint case no. 8314 of 2014 under Sections 147, 452, 149, 324, 323, 504, 506 IPC, P.S. Nawabad, District Jhansi pending in the Court of Chief Judicial Magistrate, Jhansi. Further prayer has been made to stay the further proceedings of the aforesaid complaint case on the basis of compromise / settlement.
Heard Shri Shiv Bahadur Yadav, learned counsel for the applicants, Shri Keshav Yadav, learned counsel for the opposite party no.2 as well as the learned AGA appearing for the State and perused the record.
Pursuant to the order dated 8.1.2019, verification report has been filed today on behalf of the applicants, which is taken on record. A short counter affidavit filed on behalf of opposite party no.2 is on record.
Learned counsel for the applicants submits that since the parties have settled their disputes amicably, the proceedings of the aforesaid complaint case be quashed in view 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 have been settled, the opposite party has no objection if the proceedings of the aforesaid complaint case pending before the trial court is quashed. In this regard, learned counsel for the opposite party no.2 has also referred averments made in the short counter affidavit and the verification report.
I have considered the submissions made by the learned counsel for the parties and gone through the entire record including the short counter affidavit and the verification report filed today on behalf of the parties.
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 heinous offence, the proceedings may be quashed.
Since all the disputes and differences between the parties have 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 is allowed.
The entire criminal proceedings of the aforesaid complaint case no. 8314 of 2014 under Sections 147, 452, 149, 324, 323, 504, 506 IPC, P.S.
Nawabad, District Jhansi pending in the Court of Chief Judicial Magistrate, Jhansi are quashed in terms of compromise / settlement arrived at between the parties.
Order Date :- 26.2.2019 safi