Sheela Pandey And Another vs State Of U.P.And Another
2022 Latest Caselaw 11029 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- APPLICATION U/S 482 No. - 8474 of 2022
 

 
Applicant :- Sheela Pandey And Another
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Dheeraj Kumar Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Om Prakash-VII,J.

Heard Sri Dheeraj Kumar Dwivedi, learned counsel for the applicant and learned A.G.A.

This Application U/S 482 has been filed with the prayer to quash the entire proceedings of case crime no. 27-A of 2001 arising out of criminal case no. 352 of 2010 (State Vs. Sheela Pandey and another) pending in the court of Metropolitan Magistrate, Court No. 2, Kanpur Nagar under Sections 452, 325, 323, 504, 506 IPC, Police Station Chakeri, district Kanpur Nagar on the basis of compromise. Further prayer has been made to stay the proceedings of the aforesaid case.

Vide order dated 27.06.2022 on the basis of pleading of the applicant matter was referred to the Trial Court concerned to verify the compromise entered into between the parties. Trial Court vide letter dated 02.08.2022 after making verification of the compromise entered into between the parties has submitted a report. It was thus contended by the learned counsel for the applicants that in view of the settlement dated 28.10.2015, the proceedings of the aforesaid complaint case pending before the court below may be quashed in the light of Hon'ble Supreme Court's judgment rendered in (2012) 10 Supreme Court Cases 303; Gian Singh Versus State of U.P., (2003) 4 Supreme Court Cases 675; B.S. Joshi and others Versus State of Haryana and another and in (2008) 4 Supreme Court Cases 582; Madan Mohan Abbot Versus State of Punjab.

Learned A.G.A. opposed the prayer.

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.

Since all the disputes and differences between the parties have been settled through the intervention of their well-wishers, it is futile to permit continuation of 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 these circumstances, there is no point in permitting the proceedings before the trial court to continue any further without any hope of a result in favour of the prosecution.

Application under section 482 Cr.P.C. is allowed.

The entire proceedings of case crime no. 27-A of 2001 arising out of criminal case no. 352 of 2010 (State Vs. Sheela Pandey and another) pending in the court of Metropolitan Magistrate, Court No. 2, Kanpur Nagar under Sections 452, 325, 323, 504, 506 IPC, Police Station Chakeri, district Kanpur Nagar are quashed in terms of the compromise.

Order Date :- 23.8.2022

Sachdeva