Allahabad High Court
Gaurav Gupta And 3 Others vs State Of U.P. And Another on 5 December, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- APPLICATION U/S 482 No. - 44785 of 2019 Applicant :- Gaurav Gupta And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J.
Vakalatnama filed today by Shri Pankaj Kumar Gupta, Advocate on behalf of opposite party no. 2 is taken on record.
The present application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge sheet dated 02.09.2018 as well as entire proceeding of Criminal Case No. 1374 of 2018, arising out of Case Crime No. 61 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Aligarh pending in the court of Additional Chief Judicial Magistrate, Court No. 8, Aligarh.
Heard Shri Pawan Kumar Dubey, learned counsel for the applicants and Shri Pankaj Kumar Gupta, learned counsel for the opposite party no. 2 as well as learned AGA for the State.
Referring to the joint affidavit annexed with the application, learned counsel for the applicants argued that a divorce petition is pending before the Delhi High Court and first motion has been completed and a date for second motion has been fixed. Referring to the annexure no. 5, it is further submitted that out of total amount agreed between the parties Rs. 3 lakhs has been paid at the time of first motion. Rs. 3 lakhs is being paid to the learned counsel appearing for opposite party no. 2 today through Demand Draft No. 605867 dated 09.08.2019, which shall be paid to the party concerned by him. Remaining amount i.e. Rs. 2 lakhs shall be paid at the time of second motion in the divorce petition. Referring to the annexure no. 5, it is also submitted that it is a matrimonial dispute, parties have settled the dispute, no fruitful purpose would serve by 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 argued that he has received amounting Rs. 3 lakhs today itself in the Court through aforesaid Demand Draft. Since the dispute between the parties has been settled, opposite party no.2 has no objection if the proceedings of the aforesaid 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 Criminal Case No. 1374 of 2018, arising out of Case Crime No. 61 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Aligarh pending in the court of Additional Chief Judicial Magistrate, Court No. 8, Aligarh against the applicants are quashed in terms of compromise arrived at between the parties.
Order Date :- 5.12.2019 Sanjeet