Court No. - 55
Case :- APPLICATION U/S 482 No. - 42966 of 2018 Applicant :- Mohammad Azim Khan And 4 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Qazi Vakil Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State.
The instant petition under section 482 of the Code of Criminal Procedure has been filed for quashing the entire proceedings of Complaint Case No. 78 of 2016, under Sections 498-A, 454, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Chamanganj, Kanpur Nagar as well as impugned summoning order dated 15.5.2017 passed by learned Court of A.C.M.M., 7th Kanpur Nagar.
Learned counsel for the parties state that both the parties have settled their dispute amicably. They do not want to pursue further proceedings of the aforesaid case.
Learned counsel for the applicants has relied upon the judgments of the Supreme Court rendered in the case of Gian Singh vs. State of Punjab and another, (2012) 10 Supreme Court Cases 303, in Para 58 and 61 of the report it has been held that in view of amicable settlement of the dispute, if chance of conviction is remote and continuation of the criminal case would cause extreme hardship to the accused-applicants. The criminal proceedings of such a nature can be quashed by the High Court exercising powers under Section 482 Cr.P.C.
Since the accused-applicants and complainant opposite party no.2 have settled their dispute outside the Court, there would be no evidence during trial against the present applicant and his chances of conviction become remote, in such factual scenario, continuation of criminal case would cause hardship to the accused-applicants.
The present case is squarely covered by the observation of the Supreme Court, hence, the application under section 482 Cr.P.C. is allowed.
The proceedings of Complaint Case No. 78 of 2016, under Sections 498-A, 454, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Chamanganj, Kanpur Nagar as well as impugned summoning order dated 15.5.2017 passed by learned Court of A.C.M.M., 7th Kanpur Nagar are hereby quashed.
Order Date :- 28.11.2018 NS