Seema Goyal And Another vs State Of U.P. And Another
2023 Latest Caselaw 9565 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- APPLICATION U/S 482 No. - 11045 of 2023
 

 
Applicant :- Seema Goyal And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajeev Kumar Rai
 
Counsel for Opposite Party :- G.A.,Pramod Kumar
 

 
Hon'ble Vivek Varma,J.

Heard the learned counsel for applicants, the learned A.G.A. for State and Sri Pramod Kumar, the learned counsel for opposite party no. 2 as also perused the record.

The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 12915 of 2023 (State Vs. Reshu Gupta and others) arising out of Case Crime No. 1016 of 2017, under Sections 420, 467, 468, 471, 406, 120B IPC, Police Station Noida Sector-20, District Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar and charge sheet dated 30.12.2022 as well as cognizance and summoning/non-bailable warrant dated 04.03.2023.

Learned counsel for the applicants contends that entire proceedings of aforementioned criminal case insofar as they relate to co-accused Aditya Goel and Ratan Vijay Vargi, have already been quashed by this Court vide orders dated 05.01.2023 and 08.02.2022 passed in Application U/s 482 Nos. 6069 of 2021 and 19263 of 2021 and the case of the present applicants is similar and identical to the aforesaid accused. There is no such distinguishing feature on the basis of which the case of the present applicant can be distinguished from the aforesaid co-accused. He, therefore, submits that identical order may be passed in the case of present applicant also. The order dated 05.01.2023 passed in Application U/s 482 Nos. 6069 of 2021 in respect of the co-accused Aditya Goel, for ready reference, is reproduced hereinbelow:

"Heard the learned counsel for applicant, the learned A.G.A. for State and Mr. Pramod Kumar, the learned counsel for opposite party no.2.

Perused the record.

Present application under Section 482 Cr.P.C. has been filed challenging the charge sheet dated 06.06.2019 submitted in Case Crime No. 1016 of 2017, under Sections 420, 467, 468, 471, 406, 409, 120B I.P.C., Police Station - Sector 20, District - Gautam Budh Nagar.

Learned counsel for the applicant contends that entire proceedings of aforementioned criminal case insofar as they relate to co-accused Vikas Gupta and Awadhesh Goel, have already been quashed by this Court vide order dated 23.11.2020 passed in Application U/s 482 No. 16332 of 2020 (Vikas Gupta And Another Vs. State of U.P. and Another) and the case of the present applicant is similar and identical to the aforesaid accused. There is no such distinguishing feature on the basis of which the case of the present applicant can be distinguished from the aforesaid co-accused. He, therefore, submits that identical order may be passed in the case of present applicant also. The order dated 23.11.2020 passed in respect of the aforesaid co-accused, for ready reference, is reproduced hereinbelow:

"Heard the counsel for the applicants and Sri Pramod Kumar, Advocate who has filed Vakalatnama for respondent no. 2.

The present application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No. 20089 of 2018 (State Vs. Vikas Gupta & Others) arising out of Case Crime No. 1016 of 2017 under Sections 406, 420, 467, 468 and 471 IPC, Police Station - Sector 20 Noida, District Gautam Budh Nagar and impugned order dated 11.9.2020 passed by the Chief Judicial Magistrate, Gautam Budh Nagar on the ground that the parties have amicably settled the dispute between themselves and they do not wish any further litigation between themselves. The compromise application filed before the Chief Judicial Magistrate has been annexed as Annexure No. 4 to the affidavit filed in support of the present application. Through order dated 11.9.2020, the Chief Judicial Magistrate has rejected the compromise application.

Sri Pramod Kumar, Advocate representing opposite party no. 2 admits the fact of compromise and has no objection if the charge-sheet and entire proceedings in Case No. 20089 of 2018 are quashed and the present application under Section 482 Cr.P.C. is allowed.

In a number of cases, this Court as well as Hon'ble Supreme Court has held that even in cases which involved non-compoundable offences the charge-sheet may be quashed in exercise of inherent jurisdiction of the Court if the nature of the offence does not have grave and wider social ramifications and where the dispute is more or less confined between the litigating parties. Reference may be made to the judgments of the Supreme Court in Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466 and unreported judgment dated 27.11.2017 of this Court in Application under Section 482 No. 21226 of 2017, Pushpendra & 2 Ors. Vs. State of Anr.

Further, in Parbatbhai Aahir @ Parbathbai Bhimsinhbhai Karmur and ors Vs. State of Gujarat and anr reported in (2017) 9 SCC 641, the Supreme Court has held as follows:

"16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice;"

In this case, because the parties have settled their dispute, therefore, conviction of the applicant is least possible and the continuation of proceedings would only cause oppresion and prejudice.

In view of the aforesaid, the application under Section 482 Cr.P.C. is allowed.

The charge-sheet and the entire proceedings in Case No. 20089 of 2018 (State Vs. Vikas Gupta & Others) arising out of Case Crime No. 1016 of 2017 under Sections 406, 420, 467, 468 and 471 IPC, Police Station Sector 20 Noida, District Gautam Budh Nagar are, hereby, quashed."

Learned A.G.A. and Mr. Pramod Kumar, the learned counsel for opposite party no.2 do not oppose the submission urged by the learned counsel for applicant.

Having heard the learned counsel for applicant, the learned A.G.A. for State and Mr. Pramod Kumar, the learned counsel for opposite party 2, upon perusal of the record, the Court finds that the case of the present applicant is similar to aforementioned co-accused persons. In view of above, this application is also decided, in terms of the order dated 23.11.2020.

Consequently, the present application is allowed. The entire proceedings in Case No. 20089 of 2018 (State Vs. Vikas Gupta & Others) arising out of Case Crime No. 1016 of 2017 under Sections 406, 420, 467, 468 and 471 IPC, Police Station Sector 20 Noida, District Gautam Budh Nagar are, hereby, quashed."

Learned A.G.A. and Sri Pramod Kumar, the learned counsel for opposite party 2 do not oppose the submission urged by the learned counsel for applicants.

Having heard the learned counsel for applicants, the learned A.G.A. for State and Sri Pramod Kumar, the learned counsel for opposite party no.2, upon perusal of the record, the Court finds that the case of the present applicants is similar to aforementioned co-accused persons. In view of above, this application is also decided, in terms of the order dated 05.01.2023.

Consequently, the present application is allowed. The entire proceedings in Criminal Case No. 12915 of 2023 (State Vs. Reshu Gupta and others) arising out of Case Crime No. 1016 of 2017, under Sections 420, 467, 468, 471, 406, 120B IPC, Police Station Noida Sector-20, District Gautam Budh Nagar, are, hereby, quashed.

Order Date :- 3.4.2023

Lbm/-