Court No. - 73
Case :- APPLICATION U/S 482 No. - 16872 of 2016
Applicant :- Smt. Maanvi Gupta And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Anubhav Kumar Vimal,Rajesh Kumar Mishra
Hon'ble Om Prakash-VII,J.
Joint affidavit filed today is taken on record.
Heard Shri Vivek Kumar Singh, learned counsel for the applicants and Shri Anubhav Kumar Vimam, learned counsel for the opposite party no. 2 as well as learned AGA for the state.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of Complaint Case No. 1321 of 2015 (Smt. Asha Gupta Vs. Smt. Raksha Devi and others) under Sections 452, 406, 323, 504, 506 IPC, Police Station Khurja Nagar, District Bulandshahr, pending in the court of Additional Chief Judicial Magistrate, Khurja, Bulandshahr in terms of compromise.
It is submitted by learned counsel for the applicants that all the dispute pending between the parties have been settled. Criminal prosecution in Criminal Case No. 730 of 2015 pending between the parties for the offence under Sections 498-A, 323 IPC and Section 3/4 D.P. Act has also been quashed through application u/s 482 No. 499 of 2019 on 10.01.2019. At this stage, learned counsel further submitted that continuation of the proceedings of the aforesaid case will be an abuse of process of law. No fruitful purpose would be served by keeping the matter pending till its logical end. In support of his contention, learned counsel for the applicant has also placed reliance on the law laid down by Apex Court in Gian Singh vs. State of Punjab, (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. 1321 of 2015 (Smt. Asha Gupta Vs. Smt. Raksha Devi and others) under Sections 452, 406, 323, 504, 506 IPC, Police Station Khurja Nagar, District Bulandshahr, pending in the court of Additional Chief Judicial Magistrate, Khurja, Bulandshahr against the applicant are quashed in terms of compromise arrived at between the parties.
Order Date :- 25.7.2019 Sanjeet