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Pankaj Rawat vs State Of U.P. And Another on 4 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- APPLICATION U/S 482 No. – 21622 of 2017

Applicant :- Pankaj Rawat

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Mahendra Tripathi

Counsel for Opposite Party :- G.A.

Hon’ble Om Prakash-VII,J.

List revised. None present for the opposite party no. 2.

Heard Shri K.N. Tripathi, Advocate holding brief of Shri Mahendra Tripathi, learned counsel for the applicant and learned AGA for the state.

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 12.07.2016 as well as entire proceeding of Complaint Case No. 32 of 2016, under Section 406 IPC, P.S. Sadar Agra, District- Agra pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Agra.

Opposite party no. 2 was present before the Mediation and Conciliation Centre. Referring to the settlement agreement dated 29.11.2017, learned counsel for the applicant submits that entire amount agreed between the parties has been paid. Petition under Section 13-B Hindu Marriage Act has also been allowed. Marriage between the parties has been dissolved. They are living separately and have parted their way. Although vide order dated 03.01.2020, trial court was directed to verify the compromise entered into between the parties yet keeping in view the settlement agreement dated 29.11.2017 entered into before the Mediation and Conciliation Centre of this Court, there is no need to wait the verification report. Since all the disputes pending between the parties have been settled, no fruitful purpose would be served by keeping the matter pending. In support of his contention, learned counsel for the applicant has also placed reliance on the law laid down by Apex Court in Gian Singh vs. State of Punjab, (2012), 10 SCC 303, B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582.

On the other hand, learned AGA has opposed the prayer.

I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.

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. According to Hon’ble Supreme Court, if the offence involve private dispute between the parties of commercial nature or matrimonial dispute and it is not related to heinous offence, the proceedings may be quashed.

Since the dispute between the parties has 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 u/s 482 Cr.P.C. is allowed.

The entire proceedings of Complaint Case No. 32 of 2016, under Section 406 IPC, P.S. Sadar Agra, District- Agra pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Agra against the applicant are quashed in terms of compromise arrived at between the parties.

Order Date :- 4.2.2020

Sanjeet

 

 

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