Court No. - 52
Case :- APPLICATION U/S 482 No. - 347 of 2019 Applicant :- Shane Alam And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
The present application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge- sheet no. 235/2018 dated 22.8.2018 as well as entire proceedings of the case no. 9801 of 2018 arising out Case Crime no. 279 of 2018, u/s 323, 324, 452, 504 IPC, P.S. Didoli, District Amroha pending before the C.J.M. Amroha.
Heard Sri Ajay Kumar Mishra, learned counsel for the applicants, Sri Azad Khan, who has filed short counter affidavit on behalf of opposite party no.2 as well as the learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicants submits that during the pendency of the case the applicant and opposite party no. 2 have entered into compromise and have settled their disputes amicably and in this behalf they have filed joint compromise application on 5.11.2018 before the C.J.M. Amroha in the aforesaid case; certified copy of the compromise between the parties has been annexed as annexure-3 to the affidavit. Learned counsel submits that all the offences for which the applicants are facing charge are compoundable and since the compromise has taken place, therefore, the proceedings of the aforesaid case be quashed in view of the law laid down by Apex Court in Gian Singh vs. State of U.P., (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 have been settled, the opposite party has no objection if the proceedings of the aforesaid case pending before the trial court be quashed.
I have considered the rival submissions made by the learned counsel for the parties and gone through the entire record including the joint affidavit filed today on behalf of the parties.
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.
Since all the disputes and differences between the parties have 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 is allowed.
The entire criminal proceedings of the aforesaid case are quashed in terms of compromise.
Order Date :- 21.1.2019 Dhirendra/