Court No. - 73
Case :- APPLICATION U/S 482 No. - 38053 of 2016 Applicant :- Sunil Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamla Singh,Hirdesh Kumar Yadav,Sushma Yadav,Vijay Shanker Singh Counsel for Opposite Party :- G.A.,Chandra Bhan Yadav,Pankaj Dwivedi
Hon'ble Om Prakash-VII,J.
On the request of learned counsel for the parties the matter is being decided finally.
Present application has been filed with the prayer to quash the proceedings of case no. 338 of 2006 (New Case No. 1193 of 2015) (State Vs. Saurab Yadav), under Sections 323, 325, 326, 504 IPC, Police Station Kerakat (case crime no. 155 of 2006), district Jaunpur pending in the court of Additional Chief Judicial Magistrate-II, Jaunpur. Further prayer has been made to stay further proceedings of the aforesaid case.
Heard Sri Vijay Shankar Singh, learned counsel for the applicants, Sri Pankaj Dwivedi, learned counsel appearing for the opposite party no. 2, learned A.G.A. and perused the entire record.
Referring to the verification report dated 31.7.2019 submitted by the court below, learned counsel for the applicants submits that all the disputes and differences between the parties have been settled. 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 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 case no. 338 of 2006 (New Case No. 1193 of 2015) (State Vs. Saurab Yadav), under Sections 323, 325, 326, 504 IPC, Police Station Kerakat (case crime no. 155 of 2006), district Jaunpur pending in the court of Additional Chief Judicial Magistrate-II, Jaunpur against the applicants only are quashed.
Order Date :- 21.8.2019 Sachdeva