Allahabad High Court
Harsh And 3 Others vs State Of U.P. And Another on 4 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 9380 of 2023 Applicant :- Harsh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Ojha Counsel for Opposite Party :- G.A.,Veerendra Singh Hon'ble J.J. Munir,J.
Heard learned Counsel for the applicants, Mr. Veerendra Singh, learned Counsel for the complainant and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing on behalf of the State.
This application has been filed seeking to quash proceedings of Case No.03 of 2023, State vs. Harsh and others (arising out of Case Crime No.17 of 2022), under Sections 498A, 323, 354, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961, P.S. Gajraula, District Amroha, pending before the Civil Judge (Jr. Div.)/ Judicial Magistrate/ F.T.C.-II, Amroha.
In compliance with the order dated 21.03.2023, the Civil Judge (Jr. Div.)/ Judicial Magistrate/ F.T.C.-II, Amroha has submitted a report dated 27.03.2023 along with a xerox copy of the compromise and the order of verification dated 27.03.2023 recorded by the learned Magistrate, after identification of all parties by learned Counsel representing them.
Mr. Veerendra Singh, learned Counsel appearing on behalf of opposite party No. 2 does not dispute the fact that the parties have settled the matter amicably and verified the compromise.
The learned AGA has no objection to the proceedings being quashed in terms of the compromise since the offence is essentially one that does not much affect the society at large.
Looking to the nature of the injuries, offence charged, the nature of allegations and overall circumstances, this Court finds that offence involved is not one of wide ramification in society or one that makes the State's function as the forerunner of the prosecution, the primary one. It is a case, where within the parameters of the holding of their Lordships of the Supreme Court in Narinder Singh & others vs. State of Punjab and another (2014) 6 SCC 466 and Gian Singh vs. State of Punjab & another (2012) 10 SCC 303, the proceedings can be quashed in order to secure the ends of justice.
Looking to the terms of the compromise, no useful purpose would be served by permitting this prosecution to continue, which would be an abuse of process of Court. Rather, it would only involve avoidable expenditure of resources, time and energy in holding a trial, the result whereof is obvious. It would also result in harassment of parties. In the circumstances, the impugned proceedings are liable to be quashed.
This Application is, accordingly, allowed.
Proceedings in Case No.03 of 2023, State vs. Harsh and others (arising out of Case Crime No.17 of 2022), under Sections 498A, 323, 354, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961, P.S. Gajraula, District Amroha, pending before the Civil Judge (Jr. Div.)/ Judicial Magistrate/ F.T.C.-II, Amroha, are hereby quashed.
An entry shall be caused to be made in the G.D. of Police Station Gajraula, District Amroha that all proceedings arising out Case Crime No.17 of 2022, stand quashed under orders of this Court. This part of the order shall be caused to be carried out in the records of the police station concerned by the Civil Judge (Jr. Div.)/ Judicial Magistrate/ F.T.C.-II, Amroha.
Let a copy of this order be forwarded to the Civil Judge (Jr. Div.)/ Judicial Magistrate/ F.T.C.-II, Amroha through the learned Sessions Judge, Amroha and the S.H.O., P.S. Gajraula, District Amroha through the Superintendent of Police, Amroha, by the Registrar (Compliance) within a week.
Order Date :- 4.4.2023 Anoop