Allahabad High Court
Ummed vs State Of U.P. And Another on 6 January, 2021
Equivalent citations: AIRONLINE 2021 ALL 12
Author: Ravi Nath Tilhari
Bench: Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Judgment reserved on 19.10.2020 Judgment delivered on 6.01.2021 Court No. - 3 Case :- APPLICATION U/S 482 No. - 15571 of 2020 Applicant :- Ummed Opposite Party :- State of U.P. and Another Counsel for Applicant :- Punita Pandey,Shweta Pandey Counsel for Opposite Party :- G.A.,Mohammad Belal Hon'ble Ravi Nath Tilhari,J.
1. Heard Ms. Punita Pandey, learned counsel for the applicant and Sri Mohammad Belal, learned counsel for opposite party No.2 and learned A.G.A. appearing for the State.
2. The applicant has filed this application under Section 482 Cr.P.C. to quash the entire proceeding of Complaint Case No. 351 of 2019 (Old Case No. 1154 of 2018) ( Smt. Phooljahan Vs. Ummed Ali and others) under Sections 498A, 323, 504, 506 IPC, P.S. pending in the Court of Civil Judge (J.D.)/Judicial Magistrate, Amroha as well as Summoning order dated 21.2.2019 passed by First Additional Chief Judicial Magistrate, Amroha on the basis of compromise/settlement arrived at by the parties.
3. Initially the applicant filed Criminal Misc. Application No. 5071 of 2020 challenging the proceedings of the same Complaint Case No. 1154 of 2018 and the summoning order dated 21.02.2019 passed by the Ist Additional Chief Judicial Magistrate, Amroha in the said complaint case. By order dated 10.2.2002 Applicant No.1, Ummed, was directed to appear and surrender before the court below and apply for bail. Notice was issued to the opposite party no.2 therein. Time was granted to the opposite parties to file counter affidavit and it was provided that till the next date of listing further proceedings of the complaint case shall remain stayed against the applicants except applicant no.1 therein.
4. Learned counsel for the applicant submits that during pendency of application under Section 482 No. 5071 of 2020, due to intervention of the well wishers of both the parties they have settled all disputes and have arrived at a compromise/settlement which was filed before the Civil Judge (JD)/Judicial Magistrate, Amroha on 18.9.2020 Annexure-7 to the affidavit.
5. Learned counsel for the applicant submits that the offences under Sections 498A, 323, 504 and 506 IPC are not heinous or serious offences and do not have impact on the society. The dispute was individual/personal between the applicant and the complainant which has been amicably settled to maintain peace and harmony. Now there is no chance of conviction of the applicant as no evidence would be coming forward in view of the compromise.
6. Learned counsel for the opposite party No.2 does not dispute the aforesaid facts and submits that the proceedings of the complaint case may be quashed in view of the compromise. Short counter affidavit on behalf of opposite party no.2 has also been filed stating inter alia that the dispute has been amicably settled between the parties by means of the compromise.
7. Learned A.G.A. does not dispute the legal proposition and also submits that the dispute arises out of matrimonial dispute and as such the criminal proceedings may be quashed.
8. I have considered the submissions as advanced by the learned counsel for the parties and perused the material on record.
9. It is settled in law as has been held in the cases of B.S. Joshi & others Vs. State of Haryana and another reported in (2003) 4 SCC 675, Gian Singh Vs. State of Punjab and another (2012) 10 SCC 303, Narinder Singh and others Vs. State of Punjab and another (2014) 6 SCC 466, Social Action Forum of Manav Adhikar and another Vs. Union of India Ministry of Law and Justice and others (2018) 10 SCC 443 and State of Madhya Pradesh Vs. Laxmi Narayan and others (2019) 5 SCC 688 that proceedings of a criminal case may be quashed in the exercise of inherent powers under Section 482 Cr.P.C. to prevent the abuse of the process of the Court or to secure the ends of justice, where the dispute has been amicably resolved and the offences are not of serious or henious nature like dacoity, rape and murder etc. which are not private in nature and have serious impact on society or the offences under Prevention of Corruption Act, committed by public servant while working in that capacity. Those criminal cases having overwhelming and predominantly civil character may be quashed when the parties have resolved their entire dispute.
10. In the present case, the offences are not serious or henious in nature. The criminal case is overwhelming and predominantly a matrimonial dispute. It is personal/ private in nature having no serious impact on the society. In view of the compromise, the chances of conviction would also be remote or bleak. It would be in the interest of justice to quash the criminal proceedings under challenge as the continuance thereof would be oppressive to the complainant as well as to the applicant. This Court finds that to secure the ends of justice and to bring an end to the criminal proceedings, the proceedings of the complaint case deserves to be quashed.
11. Since the opposite party No.2 has put in appearance through counsel and has filed short counter affidavit admitting the compromise/settlement as per paras 3 and 4 thereof and has also submitted that a joint affidavit to that effect has been filed before learned Civil Judge (J.D.)/Judicial Magistrate , Amtoha on 18.9.2020, the compromise need not be sent for verification.
12. The proceedings of the aforesaid Criminal Complaint No. 351 of 2019 are hereby quashed on the basis of the compromise as contained in Annexure No.7 to the petition, which shall form part of this order.
13. The application/petition under Section 482 Cr.P.C. is allowed. No order as to costs.
14. The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
15. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :-6.1.2021 Manish Tripathi (Ravi Nath Tilhari,J.)