Court No. - 74
Case :- APPLICATION U/S 482 No. - 46820 of 2019 Applicant :- Vineet @ Sonu And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sunil Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed by Sri Rakesh Kumar Pandey, learned Advocate on behalf of the opposite party no. 2 is taken on record.
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. 1298/9 of 2019 (State Vs. Vineet @ Sonu and others) arising out of case crime no. 155 of 2018, under Sections 498-A, 323, 504 IPC and Section 4 D. P. Act, Police Station Babri, district Shamli pending in the court of Chief Judicial Magistrate, Shamli. Further prayer has been made to stay further proceedings of the aforesaid case.
Heard learned counsel for the applicants, learned counsel appearing for the opposite party no. 2, learned A.G.A. and perused the entire record.
Earlier applicant has approached this Court invoking jurisdiction under Section 482 through Application U/S 482 No. 30411 of 2019 and the same was disposed of directing the court below to verify compromise entered into between the parties. Referring to annexure no. 4 it is also argued that parties appeared before the court below and the compromise entered into between the parties has been verified vide order dated 19.09.2019.
Referring to the settlement agreement entered into between the parties, it is submitted by learned counsel for the applicants that both the parties (husband and wife) are living together in peace and harmony. All the disputes and differences have been settled between them. 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. 1298/9 of 2019 (State Vs. Vineet @ Sonu and others) arising out of case crime no. 155 of 2018, under Sections 498-A, 323, 504 IPC and Section 4 D. P. Act, Police Station Babri, district Shamli pending in the court of Chief Judicial Magistrate, Shamli against the applicants are quashed.
Order Date :- 18.12.2019 Sachdeva