Court No. - 31
Case :- APPLICATION U/S 482 No. - 36595 of 2018
Applicant :- Javed And 7 Others
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dinesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
Vakalatnama along with short counter affidavit filed today by Shri Avinash Pandey, Advocate on behalf of O.P. No.2 is taken on record.
Heard Shri Dinesh Kumar Yadav, learned counsel for the applicants, Shri Avinash Pandey, on behalf of O.P. No.2 and the learned A.G.A. for the State. Perused the records.
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 dated 18.8.2016 as well as the entire proceedings of Criminal Case No.423/9 of 2017, (State Vs. Javed & Ors), arising out of Case Crime No.314/2016 under Sections 147,148,149,307,323,324,325,504 and 506 I.P.C., P.S. Jhinjhana, District-Shamli pending in the Court of Civil Judge (J.D.) Kairana.
Learned counsel for the applicants has submitted that both the parties are neighbours and in order to maintain harmony and peaceful relations between them, all of them have amicably settled their dispute and both of them do not want to contest the case in future, therefore, it has been prayed that the entire proceedings of the aforesaid case be quashed in wake of the compromise entered into between the parties, out of the court. A copy of the compromise deed dated 16.8.2018 has been annexed as Annexure No.4 to the affidavit filed in support of the application.
Learned counsel for the respondent no.2 in the short counter affidavit filed today has admitted the fact that the both parties have amicably settled their disputes out of the court because they want to live peacefully and happily in the same village.
In paragraph 9 of the short counter affidavit, it has been prayed that the present application be allowed and the charge sheet dated 18.8.2016 along with the entire proceedings of Criminal Case No.423/9 of 2017, (State Vs. Javed & Ors), arising out of Case Crime No.314/2016 under Sections 147,148,149,307,323,324,325,504 and 506 I.P.C., P.S.
Jhinjhana, District-Shamli pending in the Court of Civil Judge (J.D.) Kairana be quashed. .
Learned A.G.A. 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 proceedings of the above mentioned case are hereby quashed.
Order Date :- 27.10.2018 SB