Single judge allowed an application under Section 482 CrPC to quash criminal proceedings based on a verified compromise between the applicant and the opposite party, holding no useful purpose would be served by proceeding further.
Proceedings in Criminal Case No.253 of 2012 were set aside and the present application was allowed.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 11572 of 2019
Applicant :- Rafiq Khan And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.,Preetam Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State-respondent and perused the material brought on record.
By way of the instant application, the applicants have sought quashment of the proceeding in Criminal Case No.253 of 2012, State Vs. Rafiq Khan and others, arising out of Case Crime No.515A of 2011 under Sections 452, 323, 504, 506 I.P.C., Police Station Fatehabad, District Agra, pending in the court of the Judicial Magistrate, Fatehabad, Agra.
It is contended by the learned counsel for the applicants that the verification report dated 20.04.2019 has been submitted by the Civil Judge (Junior Division) / Judicial Magistrate, Fatehabad, Agra whereby it has been informed that compromise has been worked out between the parties, the same has been verified in presence of both the parties and their counsels. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicants has placed reliance in the matter reported as (2014) 6 SCC 466 Narinder Singh and others Vs. State of Punjab and another in support of his contention.
It has been further added that if proceeding of the aforesaid case is allowed to go on then that will not result in conviction and possibility of conviction is bleak. Therefore, proceedings in the aforesaid case initiated by opposite party no.2 against the applicants is liable to be quashed in terms of the compromise between the parties.
Learned counsel for opposite party no.2 and learned A.G.A. have no objection, if this application is allowed and the proceedings are quashed.
In view of the fact that the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus, in view of above, proceeding in Criminal Case No.253 of 2012, State Vs. Rafiq Khan and others, arising out of Case Crime No.515A of 2011 under Sections 452, 323, 504, 506 I.P.C., Police Station Fatehabad, District Agra, pending in the court of the Judicial Magistrate, Fatehabad, Agra are hereby set aside.
Accordingly, the present application is allowed.
Let a copy of this order be sent to the court below for necessary information and follow up action.
Order Date :- 10.5.2019 rkg
2 issues framed by the court
Whether criminal proceedings can be quashed upon settlement and compromise between parties.
Whether the continuance of the case serves any useful purpose given the mutual settlement.
Colour shows how this judgement treated each authority
Narinder Singh and others Vs. State of Punjab and anotherReferred¶7
(2014) 6 SCC 466 Narinder Singh and others Vs. State of Punjab and another · Who else cites this
Rafiq Khan And 3 Others
State Of UP
Another
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
