HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- APPLICATION U/S 482 No. – 39776 of 2019
Applicant :- Pawan Mehrotra And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Nikhil Kumar
Counsel for Opposite Party :- G.A.,Anshul Kumar Singhal,Shireesh Kumar Dwivedi,Vinod Kumar Agarwal
Hon’ble Om Prakash-VII,J.
Short counter affidavit filed by learned counsel for the opposite party no. 2 is taken on record.
Present application has been filed with the prayer to quash the entire proceedings of case no. 37121 of 2019 (State Vs. Pawan Mehrotra and others), arising out of case crime no. 1191 of 2019, under Sections 323, Section377, Section498-A, Section504, Section509 IPC and Section 3/4 D. P. Act, Police Station Indirapuram, district Ghaziabad pending in the court of Chief Judicial Magistrate, Ghaziabad. Further prayer has been made to stay further proceedings of the aforesaid case.
Heard learned counsel for the applicant, learned counsel for the opposite party no. 2 and learned A.G.A. and perused the entire record.
Applicant no. 1 Pawan Mehrotra, the husband and opposite party no. 2 Smt. Tanvi Mehrotra, wife of applicant no. 1 both are present in person and were identified by their respective counsel. Referring to the compromise arrived at before the Mediation and Conciliation Centre, district Ghaziabad it was stated by the learned counsel for the applicants that both the parties have settled their dispute and are happily living together. They have also decided that all the cases pending between them be quashed.
At this juncture learned counsel appearing for the applicants placed reliance on the law laid down by Apex Court in SectionGian Singh vs. State of Punjab, (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.
Learned counsel appearing for the opposite party no. 2 argued that although offence under Section 377 IPC is also levelled in the present mtter but same is not supported by the medical evidence. Since both the parties have settled their dispute and they are living together, therefore, opposite party no. 2 has no objection if the application is allowed and the entire proceedings of the criminal/civil nature are quashed.
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 SectionCr.P.C. is allowed.
The entire proceedings of case no. 37121 of 2019 (State Vs. Pawan Mehrotra and others), arising out of case crime no. 1191 of 2019, under Sections 323, Section377, Section498-A, Section504, Section509 IPC and Section 3/4 D. P. Act, Police Station Indirapuram, district Ghaziabad pending in the court of Chief Judicial Magistrate, Ghaziabad against the applicants are quashed.
Order Date :- 21.11.2019