Court No. - 74
Case :- APPLICATION U/S 482 No. - 42963 of 2019
Applicant :- Naseem And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ram Singh Yadav,Rohit Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This application is being decided at this stage itself without issuing notice to opposite party no.2. If opposite party no.2 feels aggrieved with this order, it will be open to him to file recall application.
The present application u/s 482 CrPC has been filed with the prayer to quash the entire proceedings of criminal case no. 2192 of 2018, under Sections 498-A, 323, 325, 336, 504, 506 IPC and 3/4 D.P. Act, P.S. Phoolpur, District Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.7, Allahabad in pursuance of compromise / verification of compromise by the Court below. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard Shri Ram Singh Yadav, learned counsel for the applicants as well as the learned AGA appearing for the State and perused the record.
It appears that applicants had earlier approached this Court through application u/s 482 no. 41229 of 2018, which was disposed of vide order dated 19.12.2018 directing the Court below to verify the compromise entered into between the parties.
Pursuant to the directions given by this Court vide foresaid order dated 19.12.2018, parties appeared before the the Court below and the Court verified the said compromise vide its order dated 7.6.2019, which is annexure-10 to this application.
Learned counsel for the applicants submits that since the parties have settled their disputes amicably, the proceedings of the aforesaid case be quashed in view of 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.
I have considered the submissions made by the learned counsel for the applicants and the learned AGA and gone through the entire record including the compromise affidavit and the verification report.
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 parties have decided to live together, 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 criminal case no. 2192 of 2018, under Sections 498-A, 323, 325, 336, 504, 506 IPC and 3/4 D.P. Act, P.S. Phoolpur, District Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.7, Allahabad are quashed.
Order Date :- 26.11.2019/safi