Shahid Hussain Vs State of U.P. and Anr.

Court No. - 78

Case :- APPLICATION U/S 482 No. - 28241 of 2017

Applicant :- Shahid Hussain Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Sushil Kumar Tewari,Braham Singh Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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List has been revised. None is present on behalf of opposite party no.2 although opposite party no.2 was present before the Mediation Centre at the time of settlement agreement executed between the parties.

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Heard Sri Barham Singh, learned counsel for the applicant and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Case No. 1328/9 of 2017, arising out of Case Crime No. 201 of 2017, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District- Moradabad, pending in the court of A.C.J.M. Vth, Moradabad.

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In pursuance of order dated 30.8.2017 passed by this Court, the matter was referred to Mediation and Conciliation Centre of this Court. Parties appeared before the Mediation Centre and came to terms and executed final settlement agreement on 21.2.2018. By the said settlement agreement, all disputes and differences have been amicably and mutually settled between the parties.

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Referring to the aforesaid settlement agreement, it is submitted by learned counsel for the applicant that it was a matrimonial dispute and all the disputes and differences have been settled between the parties. Both the husband and wife are living together happily in peace and harmony. They have decided to withdraw all the criminal / civil cases filed by them against each other. At this stage, learned counsel further submitted that continuation of the proceedings of the aforesaid case will be an abuse of process of law, as 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 A.G.A. could not dispute the aforesaid fact.

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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 initiated against the applicant in Case No. 1328/9 of 2017, arising out of Case Crime No. 201 of 2017, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District- Moradabad, pending in the court of A.C.J.M. Vth, Moradabad are quashed in terms of compromise / settlement arrived at between the parties.

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Order Date :- 19.2.2020 ss

Shahid Hussain v. State of U.P. and Anr.

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Shahid Hussain v. State of U.P. and Anr.

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