Court No. - 74
Case :- APPLICATION U/S 482 No. - 25821 of 2019 Applicant :- Mukesh Kumar And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.,Anjit Kumar
Hon'ble Om Prakash-VII,J.
Short counter affidavit filed today by Sri Anjit Kumar, learned Advocate on behalf of the opposite party no. 2 is taken on record.
Present application has been filed with the prayer to quash the entire proceedings of case no. 8717 of 2019 (State Vs. Mukesh Kumar and others) as well as case crime no. 854 of 2018, under Sections 498-A, 323, 324 IPC, Police Station Kavinagar, district Ghaziabad pending in the court of Additional Chief Judicial Magistrate, Ghaziabad. Further prayer has been made to stay further proceedings of the aforesaid case.
Heard Sri Vikash Chand Tiwari, learned counsel for the applicants, Sri Anjit Kumar, learned Advocate appearing for the opposite party no. 2 and learned A.G.A.
Submission of learned counsel for the applicants is that dispute pending between the parties have been settled. A demand draft of Rs. 20 lakhs has been paid before the court below against the settlement arrived at between the parties. It is purely a matrimonial dispute. Parties have parted their ways and are living separately. No fruitful purpose will be served by keeping the matter pending. In support of his contention, learned counsel for the applicants 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 case no. 8717 of 2019 (State Vs. Mukesh Kumar and others) as well as case crime no. 854 of 2018, under Sections 498-A, 323, 324 IPC, Police Station Kavinagar, district Ghaziabad pending in the court of Additional Chief Judicial Magistrate, Ghaziabad against the applicants are quashed.
Order Date :- 27.11.2019 Sachdeva