HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- APPLICATION U/S 482 No. - 44440 of 2019 Applicant :- [ENTITY] And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- [ENTITY],[ENTITY] Counsel for Opposite Party :- G.A. Hon'ble [ENTITY]-VII,J.
Vakalatnama filed by Sri [ENTITY], advocate on behalf of opposite party no.2 is taken on record.
Heard Sri [ENTITY], learned counsel for the applicants and Sri [ENTITY], 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 entire proceeding of [CASE NUMBER] arising out of [CASE NUMBER] under [SECTION], [SECTION], [SECTION], [SECTION] [ACT] and 3/4 [ACT] pending in the Court of Additional Chief Judicial Magistrate / Additional Civil Judge (S.D.), Court No.8, Meerut in terms of compromise arrived at between the parties.
Submission of learned counsel for the applicants is that applicants had approached this Court invoking jurisdiction under [SECTION] [ACT] through Application u/[SECTION] and the same was disposed of on 15.10.2019 directing the court below to verify the compromise entered into between the parties. Referring to the order dated 7.11.2019 passed by the court below, it is further submitted that parties appeared before the court concerned and compromise entered into between the parties was verified. Since it was a matrimonial dispute / private dispute and all the disputes and differences have been settled between the parties, therefore 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 applicants 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 as well as learned A.G.A. could not dispute the submissions.
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 or matrimonial 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 [CASE NUMBER] arising out of [CASE NUMBER] under [SECTION], [SECTION], [SECTION], [SECTION] [ACT] and 3/4 [ACT] pending in the Court of Additional Chief Judicial Magistrate / Additional Civil Judge (S.D.), Court No.8, Meerut against the applicants are quashed in terms of compromise arrived at between the parties.
Order Date :- 3.12.2019 ss