The court allowed an application under Section 482 CrPC to quash criminal proceedings after finding that a mutual compromise had been reached between the parties, making further prosecution unnecessary.
The charge sheet dated 13.03.2016 in Case No. 3103 of 2018 was set aside and the present application was allowed.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 3759 of 2019
Applicant :- Seema And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Syed Imran Ibrahim,Gaurav Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Short counter affidavit filed on behalf of opposite party no.2 is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party No.2 and the learned A.G.A. for the Staterespondent.
By way of the instant application, the applicants have sought quashment of the charge sheet dated 13.03.2016 submitted by the police in Case No.3103 of 2018, State Vs. Seema and others, arising out of Case Crime No.57 of 2016, under Sections 147, 148, 149, 452, 323, 504, 506, 354, 354(B), 325 I.P.C., Police Station Bhelupur, District Varanasi, pending in the court of the Additional Chief Judicial Magistrate-3, Varanasi.
It is contended by the learned counsel for the applicants that in this case, worth compromise has been reached between the parties and the compromise meant to be verified by the court below has been verified by it on 15.02.2019, copy whereof has been annexed as annexure-SCA-1 to the short counter affidavit. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicant 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 applicant 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 applicant 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, the charge sheet dated 13.03.2016 submitted by the police in Case No.3103 of 2018, State Vs. Seema and others, arising out of Case Crime No.57 of 2016, under Sections 147, 148, 149, 452, 323, 504, 506, 354, 354(B), 325 I.P.C., Police Station Bhelupur, District Varanasi, pending in the court of the Additional Chief Judicial Magistrate-3, Varanasi, 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 :- 17.5.2019 rkg
2 issues framed by the court
Whether criminal proceedings against the applicants should be quashed in light of a settled compromise between the parties.
Whether the continuation of proceedings serves any useful purpose after mutual settlement.
Colour shows how this judgement treated each authority
Narinder Singh and others Vs. State of Punjab and anotherRelied on¶8
(2014) 6 SCC 466 Narinder Singh and others Vs. State of Punjab and another · Who else cites this
1 provisions across 1 enactments
Seema And 4 Ors
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
