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Gaurav Sharma And 4 Others vs State Of U.P. And Another on 18 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 66

Case :- APPLICATION U/S 482 No. – 35741 of 2017

Applicant :- Gaurav Sharma And 4 Others

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Dileep Kumar Srivastava

Counsel for Opposite Party :- G.A.,Ajai Kumar

Hon’ble Rajul Bhargava,J.

The present application u/s 482 SectionCr.P.C. has been filed with the prayer to quash the entire proceedings of the Complaint Case no. 29 of 2015 (Smt. Keerti Sharma vs. Gaurav Sharma and others) as well as summoning order dated 3.2.2016 passed in complaint case no. 29 of 2015, u/s 498A, 323, 504, 506 SectionI.P.C. and 3/4 D.P. Act, pending before the A.C.J.M., Shahjahanpur.

Heard Sri Dileep Kumar Srivastava, learned counsel for the applicants, Sri Ajai Kumar, learned counsel for the opposite party no.2 as well as the learned A.G.A. appearing for the State and perused the record.

This Court vide order dated 1.11.2017 had referred the matter to Mediation centre directing both the parties to appear before the centre for amicable settlement. Pursuant thereto, both the parties had appeared before the centre and arrived at a compromise. In this regard, Deputy Registrar/In-charge, Mediation centre has submitted report dated 25.7.2018 that mediation completed, agreement enclosed. The terms of the compromise have been detailed in the settlement agreement dated 24.7.2018.

Learned counsel for the applicants submits that since the parties have settled their disputes amicably, the proceedings of the aforesaid case be quashed in view of the law laid down by Apex Court in SectionGian Singh vs. State of U.P., (2012), 10 SCC 303, SectionB.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and SectionMadan 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 have been settled, the opposite party has no objection if the proceedings of the aforesaid case pending before the trial court be quashed.

I have considered the rival submissions made by the learned counsel for the parties and gone through the entire record including the joint affidavit filed today on behalf of the parties.

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 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 is allowed.

The entire criminal proceedings of the aforesaid case are quashed in terms of compromise.

Order Date :- 18.7.2019

Dhirendra/

 

 

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