Allahabad High Court
Wasim vs State Of U.P. And Another on 18 January, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- APPLICATION U/S 482 No. - 40965 of 2019 Applicant :- Wasim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.,Mohd Faiz CONNECTED WITH Case :- APPLICATION U/S 482 No. - 16522 of 2019 Applicant :- Wasim And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shujauddin Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J.
Compromise verification report annexing with the supplementary affidavit filed today is taken on record.
On the request of learned counsel for the parties the matter is being decided finally.
Application U/S 482 No. 40965 of 2019 has been filed with the prayer to quash the proceedings of case no. 317 of 2019 (State Vs. Wasim and others) arising out of case crime no. 398 of 2018, under Sections 498-A, 323, 452, 504, 506 IPC and Section 3/4 D. P. Act, Police Station Amroha Nagar, district Amroha pending in the court of Chief Judicial Magistrate, Amroha. Further prayer has been made to stay further proceedings of the aforesaid case.
Application U/S 482 No. 16522 of 2019 has been filed with the prayer to quash the proceedings of case no. 317 of 2019 (State Vs. Wasim and others) arising out of case crime no. 398 of 2018, under Sections 498-A, 452, 323, 504, 506 IPC and Section 3/4 D. P. Act, Police Station Amroha Nagar, district Jyotiba Phule Nagar (Amroha) pending in the court of Chief Judicial Magistrate, Jyotibaphule Nagar (Amroha). Further prayer has been made to stay further proceedings of the aforesaid case.
Heard learned counsel for the applicants, learned counsel appearing for the opposite party no. 2, learned A.G.A. and perused the entire record.
Submission of learned counsel for the applicant is that Application U/S 482 No. 16529 of 2019 is still pending and prayer made in respect of the applicant Wasim was refused but prayer made in respect of the applicants Shamim and Smt. Firdous was stayed. Since both the parties have settled the dispute thereafter applicant Wasim again filed present Application No. 40965 of 2019 on the basis of compromise. Referring to the aforesaid facts as well compromise verification report, it is further argued that since disputes pending between the parties have been settled, no fruitful purpose will be served by keeping the first application as well as this application pending. At this juncture learned counsel for applicants 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 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, aforesaid Applications u/s 482 Cr.P.C. are allowed.
The entire proceedings of case no. 317 of 2019 (State Vs. Wasim and others) arising out of case crime no. 398 of 2018, under Sections 498-A, 323, 452, 504, 506 IPC and Section 3/4 D. P. Act, Police Station Amroha Nagar, district Amroha pending in the court of Chief Judicial Magistrate, Amroha against the applicants are quashed.
Order Date :- 18.1.2020 Sachdeva