Allahabad High Court
Ashish Gupta vs State Of U.P. And Anr. on 1 August, 2019
Bench: Om Prakash-Vii
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 7466 of 2016
Applicant :- Ashish Gupta
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Pradeep Kumar,Devendra Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and Sri Ram Prakash, learned counsel for the opposite party no. 2 as well as learned AGA for the state.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceeding of Case No. 5772 of 2000 (Rajendra Swarup Gupta Vs. Smt. Meera Porwal and others), pending in the court of Chief Judicial Magistrate, Etawah in terms of affidavit dated 8.1.2006 of respondent no. 2.
It is submitted by learned counsel for the applicant that all the disputes and differences have been settled between the parties. Co-accused Meera Porwal and Saurabh Porwal have been acquitted vide order dated 28.2.2019 on the basis of compromise entered into 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 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.
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.
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/s 482 Cr.P.C. is allowed.
The entire proceedings of Case No. 5772 of 2000 (Rajendra Swarup Gupta Vs. Smt. Meera Porwal and others), pending in the court of Chief Judicial Magistrate, Etawah against the applicant are quashed in terms of compromise arrived at between the parties.
Order Date :- 1.8.2019
Mohit
