Allahabad High Court
Vinod Kumar Gupta And 4 Others vs State Of U.P. And Another on 17 October, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- APPLICATION U/S 482 No. - 1367 of 2019 Applicant :- Vinod Kumar Gupta And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Tej Kulshrestha,Gaurav Pundir Counsel for Opposite Party :- G.A.,Sumit Goyal Connected With Case :- APPLICATION U/S 482 No. - 11800 of 2018 Applicant :- Anshul And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.,Atul Tej Kulshrestha,Gaurav Pundir,Vinay Singh Hon'ble Om Prakash-VII,J.
Since both the applications were related to the same parties and connected with each other, parties have settled the dispute before the Mediation and Conciliation Centre, therefore, they are being decided together by common judgement and order.
Heard Shri Gaurav Pundir, learned counsel for the applicants, Shri Sumit Goyal, learned counsel for the opposite party no. 2 as well as learned AGA for the state in the application u/s 482 No. 1367 of 2019 and Shri Sumit Goyal, learned counsel for the applicants and Shri Gaurav Pundir, learned counsel for the opposite party no. 2 as well as learned AGA for the State in the connected application u/s 482 No. 11800 of 2018.
Application under Section 482 Cr.P.C. No. 1367 of 2019 has been filed by the applicants with the prayer to quash the summoning order dated 05.10.2018 passed in Complaint Case No. 21156 of 2017 (Smt. Rekha Verma Vs. Vinod Kumar Gupta and others) under Sections 323, 506, 427 IPC, P.S. Sadar Bazar, District- Saharanpur pending in the court of Chief Judicial Magistrate, Saharanpur.
Application under Sections 482 No. 11800 of 2018 has been filed by the applicants with the prayer to quash the charge sheet dated 31.08.2017, cognizance order dated 31.10.2017 as well as proceeding of Case No. 4601 of 2017 (State Vs. Anshul and others) arising out of Case Crime No. 235 of 2017, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Ghaziabad pending in the court of Additional Chief Judicial Magistrate-8th, District Ghaziabad.
Submission of learned counsel for the applicants in both the matters is that although mediation was not successful in the application u/s 482 No. 11800 of 2018 yet mediation process again was started in the application u/s 482 No. 1367 of 2019 and parties have settled the dispute. Entire amount agreed between them have been paid by the husband to the wife and they have parted their ways. At this juncture, learned counsel for the applicants referred to the settlement agreement dated 22.05.2019 entered into between the parties before the mediation centre and further argued that all the disputes and differences have been settled between the parties. At this stage, learned counsel further submitted that continuation of the proceedings of the aforesaid case will be an abuse of process of law. No fruitful purpose would be served 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 submits that since the dispute between the parties has been settled, opposite party no.2 has no objection if the proceedings of the aforesaid complaint/criminal cases pending before the trial court are 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 disputes between the parties have been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal cases pending before the trial court and it would simply be a waste of time if the aforesaid cases are permitted to continue till its logical conclusion.
In view of the above, both the Applications u/s 482 Cr.P.C. are allowed.
The entire proceedings of summoning order dated 05.10.2018 passed in Complaint Case No. 21156 of 2017 (Smt. Rekha Verma Vs. Vinod Kumar Gupta and others) under Sections 323, 506, 427 IPC, P.S. Sadar Bazar, District- Saharanpur pending in the court of Chief Judicial Magistrate, Saharanpur are quashed against the applicants in terms of compromise arrived at between the parties.
The entire proceedings of charge sheet dated 31.08.2017, cognizance order dated 31.10.2017 as well as proceeding of Case No. 4601 of 2017 (State Vs. Anshul and others) arising out of Case Crime No. 235 of 2017, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Ghaziabad pending in the court of Additional Chief Judicial Magistrate-8th, District Ghaziabad, are quashed against the applicants in terms of compromise arrived at between the parties.
Order Date :- 17.10.2019 Sanjeet