Allahabad High Court
Mohd. Ansar And 2 Others vs State Of U.P. And Another on 17 July, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- APPLICATION U/S 482 No. - 33741 of 2016 Applicant :- Mohd. Ansar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ved Praksh Mishra,Sushil Kumar Pandey,Yadvendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
On the request of learned counsel for the parties the matter is being decided finally.
Present application has been filed with the prayer to quash the criminal proceedings of case no. 1042 of 2016 (State vs. Mohd. Ansar and others) arising out of charge sheet dated 20.6.2016 in case crime no. 136 of 2016, under Sections 452, 323, 427, 506 IPC, Police Station Nawabganj, district Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Allahabad. Further prayer has been made to stay further proceedings of the aforesaid case.
Heard Sri Sushil Kumar Pandey, learned counsel for the applicants, Sri Mod. Saklain, learned counsel for the opposite party no. 2 and learned A.G.A. and perused the entire record.
Submission of learned counsel for the applicants is that both the parties have settled their dispute. Compromise has been arrived at between the parties and the same has also been verified. No fruitful purpose would be served by keeping this 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 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 case no. 1042 of 2016 (State vs. Mohd. Ansar and others) arising out of charge sheet dated 20.6.2016 in case crime no. 136 of 2016, under Sections 452, 323, 427, 506 IPC, Police Station Nawabganj, district Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Allahabad against the applicants are quashed.
Order Date :- 17.7.2019 Sachdeva