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Ismail And 7 Others vs State Of U.P. And Another on 22 July, 2019


?Court No. – 66

Case :- APPLICATION U/S 482 No. – 1445 of 2017

Applicant :- Ismail And 7 Others

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

Counsel for Applicant :- Santosh Kumar Dubey

Counsel for Opposite Party :- G.A.,Deepak 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 proceeding in Case no. 595/2005 arising out of Case Crime no. 20/2005, u/s 498A, 506 SectionI.P.C. and 3/4 D.P. Act, P.S. Hapur Kotwali, District Hapur pending in the court of Chief Judicial Magistrate, Hapur.

Heard Sri Anand Prakash holding brief of Sri Santosh Kumar Dubey, learned counsel for the applicants, Sri Deepak 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.

Learned counsel for the applicants submits that the dispute between the applicant and opposite party no. 2 is matrimonial one and they have settled all their differences and have arrived at a compromise. This Court vide order dated 17.1.2017 had directed the parties to file compromise within 15 days before the court below, which shall be verified within two weeks after issuing notice to both the parties; the certified copy of the compromise along with order of the concerned Magistrate dated 17.2.2018 has been filed along with supplementary affidavit, whereby compromise has been accepted after due verification.

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 :- 22.7.2019




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