Court No. - 74
Case :- APPLICATION U/S 482 No. - 39860 of 2019
Applicant :- Vipan Kumar And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Bharat Bhushan Paul,Saurabh Paul
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application u/s 482 CrPC has been filed with the prayer to quash the entire proceedings of the case no. 1355 of 2019, arising out of case crime no. 342 of 2018, under Sections 323, 498-A, 307 IPC and 3/4 D.P. Act, P.S. Sirsaganj, District Firozabad pending in the Court of Additional Chief Judicial Magistrate-IInd, Firozabad, and further to stay the further proceedings of the aforesaid case.
Heard Shri B.B. Paul, learned counsel for the applicants as well as the learned AGA appearing for the State and perused the record.
Pursuant to the order dated 18.11.2019, a supplementary affidavit, duly sworn-in, has been filed today on behalf of the applicants annexing therewith compromise verification report, which is taken on record.
Learned counsel for the applicants submits that since the parties have settled their disputes amicably, the proceedings of the aforesaid case be quashed in view of 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.
I have considered the submissions made by the learned counsel for the parties and gone through the entire record including the supplementary affidavit filed today on behalf of the applicants.
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 disputes and it is not related to a heinous offence, the proceedings may be quashed.
Since all the disputes and differences between the parties have been amicably and mutually settled and parties are living together happily, 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 no. 1355 of 2019, arising out of case crime no. 342 of 2018, under Sections 323, 498-A, 307 IPC and 3/4 D.P. Act, P.S. Sirsaganj, District Firozabad pending in the Court of Additional Chief Judicial Magistrate-IInd, Firozabad are quashed.
Order Date :- 18.12.2019/safi