Allahabad High Court
Manendra vs State Of U.P. And Another on 23 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 8691 of 2023 Applicant :- Manendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Brijesh Kumar Pandey Hon'ble J.J. Munir,J.
The applicant has come up with a prayer to quash the proceedings of Criminal Case No. 5374 of 2022, State vs. Manendra, (arising out of Case Crime No. 671 of 2021), under Sections 420, 406, 504, 506 I.P.C., P.S. Gajraula, District J.P. Nagar(Amroha), pending in the Court of the Chief Judicial Magistrate, J.P. Nagar (Amroha).
Vide order dated 16.03.2023, the Chief Judicial Magistrate, J.P. Nagar (Amroha) was required to verify the compromise application filed by the parties before him on 15.02.2023. It is on the foot of the aforesaid application that the applicant desires the proceedings to be quashed.
In compliance with the order dated 16.03.2023, the Chief Judicial Magistrate, J.P. Nagar (Amroha) has submitted a report dated 18.03.2023, enclosing with it a copy of his order dated 18.03.2023, verifying the compromise filed by parties after due identification done in open Court and the terms being explained in open Court. A photocopy of the compromise dated 15.02.2023 has also been annexed. The terms of the compromise are that the parties have settled the issue subject matter of the criminal proceedings and the complainant no longer wishes to pursue the prosecution.
Mr. Brijesh Kumar Pandey, Advocate appears on behalf of opposite party no. 2 and has filed a short counter affidavit. He does not dispute the fact that the parties have settled the matter amicably and verified the compromise.
The learned AGA has no objection the proceedings being quashed in terms of the compromise since the offence is essentially one that does not much affect the society at large.
Upon hearing learned counsel for the parties, this Court finds that looking to the stance of the complainant-opposite party reflected in the compromise, permitting the proceedings to continue would be an abuse of process of Court as it would not lead to any fruitful result. So far as the offence is concerned, in particular, the allegations that are there are not in nature that may have widespread implication in the society at large. It is for this reason that the learned A.G.A. has chosen not to object on behalf of the State.
In the opinion of this Court, permitting the proceedings to continue would be an abuse of process of Court and the proceedings may be quashed in the interest of justice.
In the result, this Application succeeds and is allowed. The proceedings against the applicant in Criminal Case No. 5374 of 2022, State vs. Manendra, (arising out of Case Crime No. 671 of 2021), under Sections 420, 406, 504, 506 I.P.C., P.S. Gajraula, District J.P. Nagar(Amroha), pending in the Court of the Chief Judicial Magistrate, J.P. Nagar (Amroha) are hereby quashed.
An entry shall be caused to be made in the G.D. of Police Station Gajraula, District J.P. Nagar(Amroha) that all proceedings arising out of Criminal Case No. 5374 of 2022, State vs. Manendra, (arising out of Case Crime No. 671 of 2021), under Sections 420, 406, 504, 506 I.P.C., P.S. Gajraula, District J.P. Nagar(Amroha), pending in the Court of the Chief Judicial Magistrate, J.P. Nagar (Amroha) 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 Chief Judicial Magistrate, J.P. Nagar(Amroha).
Let a copy of this order be forwarded to the Chief Judicial Magistrate, J.P. Nagar(Amroha), through the learned Sessions Judge, J.P. Nagar(Amroha) and the S.H.O. of P.S. Gajraula, District J.P. Nagar(Amroha) through the Superintendent of Police, J.P. Nagar(Amroha), by the Registrar (Compliance) within a week.
Order Date :- 23.3.2023 Deepak