Court No. - 49
Case :- CRIMINAL REVISION No. - 1710 of 2021
Revisionist :- M/S Perfect Apartment Pvt .Ltd. Situated At Gossingh Repulic And Another
Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sandeep Saxena Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the record.
Notice has not been issued to the opposite party no. 2.
Learned counsel for the revisionists submitted that this revision has become infructuous. Further submitted that the parties have entered into compromise and settled their dispute outside of the Court and the revisionists do not want to press the revision.
Recently, Hon'ble Apex Court in Criminal Appeal No. 884 of 2021 arising out of S.L.P. (Cri) No. 4617 of 2021 Salimbhai Hamidbhai Memon v. Niteshkumar Maganbhai Patel & Anr has held in para no. 31 (6) that exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and deceit cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences.
In view of the above, the proceedings of the aforesaid case deserve to be quashed as no useful purpose would be served in keeping the proceeding pending, there being no possibility of conviction.
Accordingly, this revision is dismissed as infructuous.
Order Date :- 28.9.2021 VPS