Court No. - 73
Case :- APPLICATION U/S 482 No. - 38249 of 2016
Applicant :- Nikhil
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Jagdev Singh
Counsel for Opposite Party :- G.A.,Pankaj Kumar
Hon'ble Om Prakash-VII,J.
Heard Sri Jagdev Singh, learned counsel for the applicant and Sri Pankaj Kumar, 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. 1915 of 2015, under Sections 120-B, 406, 420 IPC, P.S. Mandawar, District- Bijnor pending in the court of Additional Chief Judicial Magistrate, Court No. 3, Bijnor.
Learned counsel for the applicant referred to the para nos. 7 & 9 of the counter affidavit and argued that both the parties have settled the dispute and it was a private dispute. Co-accused has been acquitted in the trial. Opposite party no. 2 himself has mentioned in the counter affidavit that he does not want to proceed with the complaint case as parties have settled the dispute.
It is further submitted by learned counsel for the applicant that all the disputes and differences have been settled between the parties. 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 in keeping the matter pending. 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. 1915 of 2015, under Sections 120-B, 406, 420 IPC, P.S. Mandawar, District- Bijnor pending in the court of Additional Chief Judicial Magistrate, Court No. 3, Bijnor against the applicant are quashed in terms of compromise arrived at between the parties.
Order Date :- 30.9.2019 Sanjeet