Allowed

Gagan Singh and 5 Others v. State of Up and Another

Allahabad HC20 Sept 2019A482/26888/2019

Case brief

AI extract

What is this about?

The court allowed an application under Section 482 CrPC to quash criminal proceedings based on a settlement between the parties. The court held that quashing the case was necessary to restore peace and avoid waste of time, relying on Supreme Court precedents.

What did the court decide?

The entire proceedings of complaint case no. 963 of 2014 against the applicants are quashed in terms of compromise.

Gagan Singh and 5 Others Vs State of Up and… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 26888 of 2019

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Applicant :- Gagan Singh And 5 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.,Pawan Kumar

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Hon'ble Om Prakash-VII,J.

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Supplementary affidavit annexing the compromise verification report made by the court below has been filed and the same is taken on record.

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Heard Sri Kandarp Srivastava, learned counsel for the applicants and Sri Pawan Kumar, learned counsel for the opposite party no. 2 as well as learned AGA for the state.

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This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of complaint case no. 963 of 2014 under Sections 452, 323, 504 & 506 IPC, P.S. Hariparvat, District- Agra pending in the court of Special Chief Judicial Magistrate, Agra in terms of the compromise dated 23.3.2019.

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Pursuant to order dated 19.07.2019, the parties appeared before the court below for verification of settlement / compromise, who were duly identified by their counsel's, while verifying the compromise / settlement dated 23.03.2019.

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It is submitted by learned counsel for the applicant 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 in keeping the matter pending. In support of his contention, learned counsel for the applicant 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 .

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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.

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I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.

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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.

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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.

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In view of the above, the Application u/s 482 Cr.P.C. is allowed.

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The entire proceedings of complaint case no. 963 of 2014 under Sections 452, 323, 504 & 506 IPC, P.S. Hariparvat, District- Agra pending in the court of Special Chief Judicial Magistrate, Agra against the applicants are quashed in terms of compromise.

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Order Date :- 20.9.2019 ss

Gagan Singh and 5 Others v. State of Up and Another

Case brief

What is this about?

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Gagan Singh and 5 Others v. State of Up and Another

Case brief

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