Court No. - 73
Case :- APPLICATION U/S 482 No. - 13108 of 2016 Applicant :- Suresh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
List revised. None appears for the opposite party no. 2.
Ms. Mandvi Tripathi, learned counsel for the applicants and learned A.G.A. are present.
Present application has been filed with the prayer to quash the charge sheet dated 20.1.2016 and entire proceedings of case no. 347 of 2016 arising out of case crime no. 100 of 2015, under Section 498-A, 323, 506 IPC and Section 3/4 D. P. Act, Police Station Mahila Thana, district Gautam Budn Nagar pending in the court of Judicial Magistrate, Gautam Budh Nagar. Further prayer has been made to stay further proceedings of the aforesaid case.
Learned counsel for the applicants submits that dispute between the parties was settled before the Mediation and Conciliation Centre on 17.9.2016. Demand draft of Rs. 10.50 lakhs was given to the opposite party no. 2 at the time of agreement. Another demand draft of Rs. 11.50 lakhs was also paid to the opposite party no. 2 and divorce petition was allowed and on that basis marriage between the parties has been dissolved. They have parted their ways and are living separately. 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 A.G.A. submits that since the dispute between the parties has been settled, he 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. 347 of 2016 arising out of case crime no. 100 of 2015, under Section 498-A, 323, 506 IPC and Section 3/4 D. P. Act, Police Station Mahila Thana, district Gautam Budn Nagar pending in the court of Judicial Magistrate, Gautam Budh Nagar.against the applicants are quashed.
Order Date :- 31.7.2019 Sachdeva