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Shazade Khurram vs State Of Up And Another on 17 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 73

Case :- APPLICATION U/S 482 No. – 8687 of 2019

Applicant :- Shazade Khurram

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Shobh Nath

Counsel for Opposite Party :- G.A.,Hari Mohan Srivastava,Neeraj Srivastava

Hon’ble Om Prakash-VII,J.

Heard Shri Shobh Nath, learned counsel for the applicant and Shri Neeraj Srivastava, 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 with the prayer to quash the entire proceeding of Complaint Case No. 434 of 2018 (Divya Srivastava Vs. Mattel Toys Indra Pvt. Ltd. and others) under Section 406 IPC, Police Station Cantt. District Varanasi, pending in the court of Additional Chief Judicial Magistrate, Court No. 9, Varanasi in terms of compromise.

Pursuant to order dated 07.03.2019, the parties appeared before the court below on 28.03.2019 for verification of settlement / compromise, who were duly identified by their counsel’s, while verifying the compromise / settlement dated 28.03.2019.

It is submitted by learned counsel for the applicant that all the disputes and differences have been settled between the parties. 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 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 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. 434 of 2018 (Divya Srivastava Vs. Mattel Toys Indra Pvt. Ltd. and others) under Section 406 IPC, Police Station Cantt. District Varanasi, pending in the court of Additional Chief Judicial Magistrate, Court No. 9, Varanasi against the applicant are quashed in terms of compromise arrived at between the partie.

Order Date :- 17.7.2019

Sanjeet

 

 

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