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M/S Hindustan Unilever Limited vs State Of U P And Anr

High Court Of Judicature at Allahabad|21 February, 2019
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JUDGMENT / ORDER

Court No. - 48
Case :- APPLICATION U/S 482 No. - 44 of 2019
Applicant :- M/S Hindustan Unilever Limited Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Samit Gopal
Counsel for Opposite Party :- G.A.,Anuj Srivastava
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. 2516 of 2015 under Sections 465, 467, 468 and 471 IPC, P.S. New Agra, District Agra pending in the Court of Additional Chief Judicial Magistrate Court No.12, Agra. Further prayer has been made to stay the further proceedings of the aforesaid complaint case.
Heard Shri Samit Gopal, learned counsel for the applicant, Shri Anuj Srivastava, learned counsel for the opposite party no.2 as well as the learned AGA appearing for the State and perused the record.
Vide order dated 2.11.2018, Court below declined to quash the proceeding against the opposite party no.2 on the basis that neither he turned up nor obtained bail and offences levelled in the matter are not compoundable.
Learned counsel for the applicant submits that applicant is complainant and one application for dropping/ quashing the entire proceeding before the Court concerned was moved which was illegally turned down by the Court below.
A short counter affidavit, duly sworn-in, has been filed on behalf of opposite party no.2, which is on record.
Learned counsel for the applicant 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 to the averments made in the short counter affidavit.
I have considered the submissions made by the learned counsel for the parties and gone through the entire record including the joint affidavit 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 and entire amount has already been paid, 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. 2516 of 2015 under Sections 465, 467, 468 and 471 IPC, P.S. New Agra, District Agra pending in the Court of Additional Chief Judicial Magistrate Court No.12, Agra are quashed.
Order Date :- 21.2.2019 safi
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Title

M/S Hindustan Unilever Limited vs State Of U P And Anr

Court

High Court Of Judicature at Allahabad

JudgmentDate
21 February, 2019
Judges
  • Om Prakash Vii
Advocates
  • Samit Gopal