Court No. - 73
Case :- APPLICATION U/S 482 No. - 32882 of 2016 Applicant :- Saurabh Gupta And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nrapendra Kumar Chaturved Counsel for Opposite Party :- G.A.,Yogesh Kumar Srivastava
Hon'ble Om Prakash-VII,J.
Supplementary counter affidavit filed today is taken on record.
Present application has been filed with the prayer to quash the entire proceedings of criminal case no. 6894 of 2015 (State Vs. Saurabh Gupta and others) arising out of case crime no. 209 of 2015, under Sections 498- A, 323, 506 IPC and Section 3/4 D. P. Act, Police Station Firozabad North, district Firozabad including the summoning order dated 15.10.2015 passed by the Chief Judicial Magistrate, Firozabad. Further prayer has been made to stay further proceedings of the aforesaid case which is pending in the court of Chief Judicial Magistrate, Firozabad.
Heard Sri Nripendra Kumar Chaturvedi, learned counsel for the applicants, Sri Yogesh Srivastava, learned counsel appearing for the opposite party no. 2, learned A.G.A. and perused the entire record.
Referring to the affidavit annexed with the supplementary counter affidavit and the compromise affidavit filed on the part of the applicants on 29.10.2018 it was argued that parties have settled their dispute. It is also argued that Rs. 6 lakhs have already been paid. Since parties have settled their dispute, no fruitful purpose would be served in keeping the matter pending. Continuation of the proceedings of the aforesaid complaint case will be an abuse of process of law. 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. 6894 of 2015 (State Vs. Saurabh Gupta and others) arising out of case crime no. 209 of 2015, under Sections 498-A, 323, 506 IPC and Section 3/4 D. P. Act, Police Station Firozabad North, district Firozabad including the summoning order dated 15.10.2015 passed by the Chief Judicial Magistrate, Firozabad against the applicants are quashed.
Order Date :- 31.7.2019 Sachdeva