Danish and 3 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 28690 of 2023 Applicant :- Danish And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjun Singh Yadav Counsel for Opposite Party :- G.A.,Gaurav Sharma Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicants and Shri Gaurav Sharma, learned counsel for the opposite party no. 2 as well as learned AGA for the state.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 16.05.2018 and summoning order dated 11.06.2018 as well as entire proceedings of Case No. 22056 of 2018, arising out of Case Crime No. 851 of 2017, under Sections 498-A, 323, 354-A, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Sadar Bazar, District Agra, pending in the court of Chief Judicial Magistrate, Agra and further prayer to stay the further proceedings of the aforesaid case has been made.

¶3Pursuant to order dated 24.08.2023, the parties appeared before the court below for verification of settlement / compromise, who were duly identified by their counsel's, while verifying the compromise / settlement dated 21.09.2023.

¶4It is submitted by learned counsel for the applicant that it is a matrimonial dispute and 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 by 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.

¶5On 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.

¶6I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.

¶7In 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.

¶8The facts and circumstances as stated hereinabove are peculiar in the present case. From perusal of the record, it is apparent that the offence is not heinous and serious in nature as the matter relates to matrimonial dispute and demand of dowry but the matter in between the parties has been amicably settled out now and the parties have compromised with each other. As such, looking to the facts and circumstances of the case, no mental depravity is involved in the case. If the request of the parties is denied, it will be amounting to only adding one more criminal case to the already overburdened criminal courts.

¶9Since 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.

¶10In view of the above, the Application u/s 482 Cr.P.C. is allowed.

¶11The entire proceedings of Case No. 22056 of 2018, arising out of Case Crime No. 851 of 2017, under Sections 498-A, 323, 354-A, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Sadar Bazar, District Agra, pending in the court of Chief Judicial Magistrate, Agra against the applicant are quashed in terms of compromise arrived at between the parties. Order Date :- 13.10.2023 Shiv High Court of Judicature at Allahabad