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Ruksana And 4 Others vs State Of U.P. And Another on 21 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 73

Case :- APPLICATION U/S 482 No. – 1914 of 2019

Applicant :- Ruksana And 4 Others

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

Counsel for Applicant :- Amit Srivastava

Counsel for Opposite Party :- G.A.,Azhar Hussain

Hon’ble Om Prakash-VII,J.

On the request of learned counsel for the parties the matter is being decided finally.

Present application has been filed with the prayer to quash the entire proceedings of complaint case no. 571 of 2018 (Smt. Ujjama Vs. Rashid and others) under Section 406 IPC, Police Station Shamshabad, district Agra pending in the court of Judicial Magistrate, Fatehabad, Agra. Further prayer has been made to stay further proceedings of the aforesaid case.

Heard Sri Amit Srivastava, learned counsel for the applicants, Sri Azhar Hussain, learned counsel appearing for the opposite party no. 2, learned A.G.A. and perused the entire record.

In pursuance of order dated 22.1.2019 passed by this Court, the matter was referred to Mediation Conciliation Centre of this Court. Parties appeared before the Mediation Conciliation Centre of this Court and on 27.7.2019 settlement agreement was executed between the parties. The settlement agreement is on record.

Referring to the settlement agreement entered into between the parties, it is submitted by learned counsel for the applicants that parties have compromised their dispute and the complainant is living happily in the house of her in-laws. 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 applicants 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 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 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. 571 of 2018 (Smt. Ujjama Vs. Rashid and others) under Section 406 IPC, Police Station Shamshabad, district Agra pending in the court of Judicial Magistrate, Fatehabad, Agra against the applicants are quashed.

Order Date :- 21.8.2019

Sachdeva

 

 

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