Allowed

Mohammad Atik and 2 Others v. State of Up and Another

Allahabad HC25 Sept 2019A482/29379/2019

Case brief

AI extract

What is this about?

This order allows an application under Section 482 Cr.P.C. to quash criminal proceedings based on a settlement between parties involving disputes of a commercial or private nature, finding no need to continue the case after amicable resolution.

What did the court decide?

Criminal proceedings of Complaint Case No. 2 of 2013 under Sections 392, 323, 504, 506 IPC are quashed in terms of the compromise.

Mohammad Atik and 2 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. - 29379 of 2019

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Applicant :- Mohammad Atik And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A.,Saqib Meezan

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Hon'ble Om Prakash-VII,J.

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Supplementary affidavit annexing the verification report filed today is taken on record.

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Heard Shri Salman Ahmad, learned counsel for the applicants and Sri Saqib Meezan, 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 with the prayer to quash the entire proceeding of Complaint Case No. 2 of 2013 under Sections 392, 323, 504, 506 IPC, P.S. Kalpi, District- Jalaun pending in the court of Special Judge (D.A.A.), Jalaun at Orai.

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Pursuant to order dated 19.08.2019, the parties appeared before the court below on 04.09.2019 for verification of settlement / compromise, who were duly identified by their counsel's, while verifying the compromise / settlement dated 04.09.2019.

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It is submitted by learned counsel for the applicants 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 by keeping the 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.

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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 noncompoundable 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. 2 of 2013 under Sections 392, 323, 504, 506 IPC, P.S. Kalpi, District- Jalaun pending in the court of Special Judge (D.A.A.), Jalaun at Orai against the applicants are quashed in terms of compromise arrived at between the parties.

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Order Date :- 25.9.2019 Sanjeet

Mohammad Atik and 2 Others v. State of Up and Another

Case brief

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Mohammad Atik and 2 Others v. State of Up and Another

Case brief

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