Court No. - 74
Case :- APPLICATION U/S 482 No. - 40544 of 2019 Applicant :- Prashant Malik And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Counter affidavit along with Vakalatnama filed by Sri Abhishek Tiwari, 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 proceedings of criminal case no. 634 of 2019 (State Vs. Prashant Malik and others) arising out of case crime no. 0049 of 2018, under Sections 498-A, 323, 504 IPC and Section 3/4 D. P. Act, Police Station Mahila Thana, district Muzaffar Nagar pending in the court of Chief Judicial Magistrate, Muzaffar Nagar. Further prayer has been made to stay further proceedings of the aforesaid case.
Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicants, Sri Abhishek Tiwari, learned counsel appearing for the opposite party no. 2, learned A.G.A. and perused the entire record.
Submission of learned counsel for the applicants is that applicants earlier approached this Court invoking jurisdiction vide Application U/S 482 No. 30701 of 2019 and the same was disposed of directing the court below to verify the compromise. It is also argued that parties appeared before the court below and compromise entered into between the parties has been verified by the trial court vide order dated 30.9.2019 (Annexure No. 4). Dispute between the parties have been settled and the continuation of the proceedings of aforesaid criminal case will be an abuse of process of law and no fruitful purpose will be served by keeping the matter pending.
Referring to the settlement agreement entered into between the parties, it is also submitted by learned counsel for the applicants that both the parties (husband and wife) are living separately and have parted their ways. 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 criminal case no. 634 of 2019 (State Vs. Prashant Malik and others) arising out of case crime no. 0049 of 2018, under Sections 498-A, 323, 504 IPC and Section 3/4 D. P. Act, Police Station Mahila Thana, district Muzaffar Nagar pending in the court of Chief Judicial Magistrate, Muzaffar Nagar against the applicants are quashed.
Order Date :- 26.11.2019 Sachdeva