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Radha Kishan And 5 Others vs State Of U.P. And Another on 17 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- APPLICATION U/S 482 No. – 19147 of 2017

Applicant :- Radha Kishan And 5 Others

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

Counsel for Applicant :- Sushil Kumar Chaturvedi

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

Hon’ble Om Prakash-VII,J.

Heard Sri Dev Raj Singh, learned counsel for the applicants and Sri Rajesh Kumar, learned counsel for the opposite party no. 2 as well as learned AGA for the state.

This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Complaint Case No.1138 of 2016 (Sarvesh vs. Radha Kishan others) under Section 406 I.P.C., Police Station Chitrahat, District Agra, pending in the Court of the Additional Chief Judicial Magistrate, Court No. 6, Agra.

It is submitted by learned counsel for the applicants that the dispute pending between the parties has been resolved. Petition under section 13-B of Hindu Marriage Act has also been allowed (annexure CA-1 to the counter affidavit, which is on record). Marriage between the husband and wife has been dissolved. Both the parties are living separately. Entire amount, agreed between the parties, has been paid. At this stage, learned counsel further submitted that continuation of the proceedings of the aforesaid case will be an abuse of process of law. No fruitful purpose would be served in 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 counsel for the opposite party no.2 submits that since the dispute between the parties has been settled, opposite party no.2 has no objection if the proceedings of the aforesaid case pending before the trial court is 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 Cr.P.C. is allowed.

The entire proceedings of Complaint Case No.1138 of 2016 (Sarvesh vs. Radha Kishan others) under Section 406 I.P.C., Police Station Chitrahat, District Agra, pending in the Court of the Additional Chief Judicial Magistrate, Court No. 6, Agra are quashed against the applicants in terms of compromise.

Order Date :- 17.2.2020

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