Court No. - 73
Case :- APPLICATION U/S 482 No. - 13706 of 2016 Applicant :- Smt. Rajani And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Kumar,Ashma Dwivedi Counsel for Opposite Party :- G.A.,Garun Pal Singh,Surendra Kumar
Hon'ble Om Prakash-VII,J.
Heard Sri Ram Kumar, learned counsel for the applicants and Sri Surendra 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 charge- sheet dated 12.6.2015 submitted in case crime no. 97 of 2014, under Sections 498-A, 323, 504 IPC and 3/4 D.P. Act, P.S. Mahila Thana District Mathura, pending before the Additional Chief Judicial Magistrate-I Mathura.
Referring to the paragraphs no.4 & 9 of the supplementary affidavit as well as short counter affidavit filed in the matter on behalf of opposite party no.2, learned counsel for both the parties submit that dispute between the parties has been settled and both the parties are living together happily. It was a matrimonial dispute which came to an end amicably. 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.
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 relating to case crime no. 97 of 2014, under Sections 498-A, 323, 504 IPC and 3/4 D.P. Act, P.S. Mahila Thana District Mathura, pending before the Additional Chief Judicial Magistrate-I Mathura against the applicants are quashed in terms of compromise.
Order Date :- 30.9.2019 / ss