Court No. - 86
Case :- APPLICATION U/S 482 No. - 13655 of 2019 Applicant :- Shiv Ratan Kapoor Opposite Party :- State Of Up And Another Counsel for Applicant :- Kshitij Shailendra Counsel for Opposite Party :- G.A.,Pawan Kumar Shukla
Hon'ble Ali Zamin,J.
Heard Sri Kshitij Shailendra learned counsel for the applicant and Sri Pankaj Tiwari holding brief of Sri Pawan Kumar Shukla learned counsel for the complainant.
Learned counsel for the applicant submits that with regard to business transactions some dispute arose between the parties.
F.I.R. in Case Crime No.942 of 2018, under Sections 406 and 506 I.P.C. was registered against the applicant and after investigation charge sheet was filed which is registered as Case No.9 of 2019 and pending before Chief Judicial Magistrate, Moradabad.
Learned counsel for the parties state that both the parties have settled their dispute amicably. They do not want to pursue further proceedings of the aforesaid case.
Learned counsel for the applicant has relied upon the judgment of the Supreme Court rendered in the case of Gian Singh vs. State of Punjab and another, (2012) 10 Supreme Court Cases 303, in which Para 58 and 61, it has been held that in view of amicable settlement of the dispute, if chance of conviction is remote and continuation of the criminal case would cause extreme hardship to the accused-applicant. The criminal proceedings of such a nature can be quashed by the High Court exercising powers under Section 482 Cr.P.C.
Since the accused-applicant anallowedd complainant opposite party no.2 have settled their dispute outside the Court. There would be no evidence during trial against the present applicant and his chances of conviction become remote, in such factual scenario, continuation of criminal case would cause hardship to the accused-applicant.
The present case is squarely covered by the observation of the Supreme Court, hence, the application under section 482 Cr.P.C. is allowed.
The proceedings of Case Crime No.942 of 2018, under Sections 406 and 506 I.P.C. registered against the applicant and after investigation charge sheet filed which is registered as Case No.9 of 2019 and pending before Chief Judicial Magistrate, Moradabad are hereby quashed.
Order Date :- 27.9.2019 Jitendra