Allahabad High Court
Vivek Baliyan And 3 Other vs State Of U.P..And Another on 1 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:78156
Court No. - 90
Case :- APPLICATION U/S 482 No. - 20889 of 2021
Applicant :- Vivek Baliyan And 3 Other
Opposite Party :- State Of U.P..And Another
Counsel for Applicant :- Anil Kumar Jaiswal
Counsel for Opposite Party :- G.A.,J.B. Singh
Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C has been filed to quash impugned summoning order dated 19.04.2019 passed by learned Additional Chief Judicial Magistrate/ Additional Civil Judge (S.D.) Court No.2, Ghaziabad as well as entire proceeding of Complaint Case No.2716 of 2019 (Smt. Shilpa Vs. Vivek Baliyan & others), under Sections 406/ 354 I.P.C., Police Station Masoorie, District Ghaziabad against the applicants, pending in the Court of Ist Additional Civil Judge (S.D.), Ghaziabad.
3. Learned counsel for the applicants submit that the present dispute arises out of matrimonial discord between the applicant no.1 and the opposite party no.2. The present criminal case has been lodged against the applicant no.1 (husband) and his family members by the father of the opposite party no.2 owing to misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged wherein chances of an ultimate conviction are bleak and no useful purpose is likely to be served by allouring a criminal prosecution to continue, the Court may while taking into consideration the special facts of a case, quash the proceedings.
4. Learned A.G.A. as well as learned counsel for the opposite party no. 2 do not dispute the correctness of the submissions made by the learned counsel for the appellants.
5. In the light of the judgment of Hon'ble Apex Court in B.S. Joshi and Others Vs. State of Haryana and another, (2003) 4 SCC 675, it has been held that:
"The High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 Cr.P.C."
6. Even the Hon'ble Supreme Court in its Constitutional Bench Judgment in Gian Singh Vs. State of Punjab and Another, (2012)10 SCC 303, has held that
"But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim."
7. Both the parties have agreed to withdraw the proceedings pending amongst them in various Courts. From perusal of the records and the law as cited above, the present case is a good case for exercise of power by the Court to quash the entire proceedings, as well as the charge-sheet.
8. The dispute appears to be purely of a personal nature being a matrimonial discord that has been mutually settled between the parties, to their entire satisfaction, therefore, no useful purpose would be served in allowing the prosecution to continue any longer.
9. Therefore, the entire proceedings of Complaint Case No.2716 of 2019 (Smt. Shilpa Vs. Vivek Baliyan & others), under Sections 406/ 354 I.P.C., Police Station Masoorie, District Ghaziabad against the applicants, pending in the Court of Ist Additional Civil Judge (S.D.), Ghaziabad, are hereby quashed.
10. The present application under Section 482 Cr.P.C. is accordingly, allowed.
Order Date :- 1.5.2024
RKM
