HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- APPLICATION U/S 482 No. - 1814 of 2016 Applicant :- [ENTITY] And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- [ENTITY] Counsel for Opposite Party :- [ENTITY] Hon'ble [ENTITY]-VII,J.
Verification filed today by learned counsel for the applicants is taken on record.
Heard learned counsel for the applicant and learned counsel for the opposite party no. 2 as well as learned AGA for the state.
This application under [SECTION] [ACT] has been filed with the prayer to quash the impugned summoning order dated 24.11.2015 passed by Additional Chief Judicial Magistrate, Court No. 3, Rampur as well as the entire proceeding of [PRECEDENT] arising out of [CASE NUMBER], under [SECTION], [SECTION], [SECTION], [SECTION] [ACT], Police Station Ganj, District Rampur in terms of compromise.
Pursuant to order dated 12.07.2019, the parties appeared before the court below on 29.07.2019 for verification of settlement / compromise, who were duly identified by their counsel's, while verifying the compromise / settlement on dated 17.08.2019.
Learned counsel for the applicants referring to the compromise verification report argued that settlement agreement entered into between the parties has been verified by the court below. Dispute pending between the parties is personal in nature. 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 applicant has also placed reliance on the law laid down by Apex Court in [PRECEDENT], [PRECEDENT] and [PRECEDENT].
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 case pending before the trial court is quashed.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.
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 dispute and it is not related to heinous offence, the proceedings may be quashed.
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.
In view of the above, the Application u/[SECTION] [ACT] is allowed.
The entire proceedings of [PRECEDENT] arising out of [CASE NUMBER], under [SECTION], [SECTION], [SECTION], [SECTION] [ACT], Police Station Ganj, District Rampur against the applicants are quashed in terms of compromise arrived at between the parties.
Order Date :- 20.8.2019 Sanjeet