Court No. - 53
Case :- APPLICATION U/S 482 No. - 28593 of 2018 Applicant :- Vipin Malik And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.,Anubhav Kumar Vimal
Hon'ble J.J. Munir,J.
Heard Sri Amit Saxena holding brief of Sri Vivek Kumar Singh, learned counsel for the applicants, Sri Anubhav Kumar Vimal, learned counsel appearing for opposite party no. 2 and the learned A.G.A. for the State.
This is an application seeking to quash the proceedings of Criminal Case No. 3692 of 2018, State vs. Vipin Malik and others (arising out of Case Crime No. 591 of 2018), under Sections 420,406,506 I.P.C., Police Station Baraut, District Baghpat pending in the Court of Chief Judicial Magistrate, Baghpat.
When the matter was came on 27.08.2018, the complainant opposite party was also heard and a joint affidavit was filed indicating some kind of a compromise between parties but some issues still required to be settled. This Court, could see that the parties intended to amicably settle, and, the nature of the offence is one that permits them to amicably settle the matter, even if, some offences are not technically compoundable under the code. Accordingly, on 27.08.2018, this Court passed the following order:
"Shri Anubhav Kumar Vimal, Advocate has put appearance on behalf of opposite party no. 2. A joint affidavit has been filed on behalf of both the parties.
Learned counsel for opposite party no. 2 has said that parties have settled their dispute out of Court. Parties do not want to pursue the case. However, certain issues are required to be settled and the terms of compromise required to be reduced to writing in definitive terms so as to bring about a complete eradication of pending cases between parties. For the purpose both the parties shall appear before Mediation and Conciliation Centre of Allahabad High Court on 12.09.2018. The Mediation Centre is required to take up the matter and attempt to reconcile parties. The report of the Centre will be sent to this Court by 18.09.2018.
Lay this matter as fresh on 18.09.2018.
Further proceedings in Case No. 3692 of 2018 (State vs. Vipin Malik and others), arising out of case crime no. 591 of 2018, under sections 406, 420, 506 I.P.C., P.S. Baraut, District Baghpat pending before the Chief Judicial Magistrate, Baghpat shall remain stayed."
The parties appeared before the Mediation Centre on 12.09.2018 and 13.09.2018. The Centre have submitted their report dated 13.09.2018 wherein it is reported: "mediation completed and agreement enclosed". Together with the report is enclosed, a Settlement Agreement, also of the same date, where it appears that the parties have settled all their issues outside Court and the Centre have recorded the said fact, together with a specific covenant between parties, that cases filed by them against each other, shall be withdrawn by the parties concerned, by taking appropriate steps before the Court/ authority concerned.
Taking into consideration the settlement agreement dated 13.09.2018 and its various terms, in particular, that regarding withdrawal of cases filed against each other, and, upon a perusal of the joint affidavit dated 8th August, 2018 filed on behalf of the applicants and opposite party no. 2, this Court, finds that no useful purpose would be served by permitting the impugned criminal proceedings to continue. Rather, driving the parties to go to trial would be an abuse of process of Court and avoidable harassment to them.
Accordingly, this application succeeds and is allowed. The impugned proceedings of of Criminal Case No. 3692 of 2018, State vs. Vipin Malik and others (arising out of Case Crime No. 591 of 2018), under Sections 420,406,506 I.P.C., Police Station Baraut, District Baghpat pending in the Court of Chief Judicial Magistrate, Baghpat are hereby quashed.
It is further ordered that an entry shall be made in the general diary of police station Baraut, District Baghpat that proceedings of Case Crime No. 591 of 2018, under Section 420,406,506 I.P.C. stand quashed under orders of this Court. The Chief Judicial Magistrate, Baghpat shall ensure that this part of the order passed by this Court is carried out in the records of the police Station concerned positively.
Order Date :- 18.9.2018 Imroz / BKM/-