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Rajiv Kumar Gupta vs State Of U.P. And Another on 31 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 73

Case :- APPLICATION U/S 482 No. – 2709 of 2016

Applicant :- Rajiv Kumar Gupta

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

Counsel for Applicant :- Ajay Singh Sengar

Counsel for Opposite Party :- G.A.

Hon’ble Om Prakash-VII,J.

Supplementary affidavit along with the copy of the compromise affidavit filed today is taken on record.

Present application has been filed with the prayer to quash the proceedings of complaint case no. 60 of 2015 (Ramu Prajapati Vs. Rajiv Kumar Gupta), under Section 406 IPC, Police Station Sirasa Kalar, district Jalaun pending in the court of Judicial Magistrate, Jalaun. Further prayer has been made to stay further proceedings of the aforesaid case.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

In pursuance of order dated 18.7.2019 passed by this Court, the matter was referred to court below for verification. Parties appeared before the court concerned and on 15.10.2019 settlement agreement was executed between the parties before the Court concerned and the same has been verified.

Referring to the settlement agreement entered into between the parties, it is submitted by learned counsel for the applicant that all the disputes and differences have been settled between them. 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 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.

On the other hand, learned A.G.A. submits that since the dispute between the parties has been settled, he has no objection if the proceedings of the aforesaid complaint 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 SectionCr.P.C. is allowed.

The entire proceedings of complaint case no. 60 of 2015 (Ramu Prajapati Vs. Rajiv Kumar Gupta), under Section 406 IPC, Police Station Sirasa Kalar, district Jalaun pending in the court of Judicial Magistrate, Jalaun against the applicant are quashed in terms of the compromise.

Order Date :- 31.10.2019

Sachdeva

 

 

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