Shafiulla and 2 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 39726 of 2017 Applicant :- Shafiulla And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Tripathi Counsel for Opposite Party :- G.A.,Awadh Bihari Pandey Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicants, Shri Awadh Bihari Pandey, learned counsel for opposite party no.2 and learned AGA for the State.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No.975 of 2014 ( Washiulla Vs. Shafiulla and others), under sections 420, 465, 468, 471, 504, 506 r/w 34 IPC, Police Station Kotwali District Kanpur Nagar, pending in the court of Chief Judicial Magistrate, Hathras, in pursuance of compromise deed dated 4.03.2017.

¶3Pursuant to order dated 28.11.2017, 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 19.12.2017.

¶4It 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 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.2and 3 submits that since the dispute between the parties has been settled, opposite party no.2 and 3 have 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 inherent 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 opposite party no.3 has filed an application under section 156(3) Cr.P.C against the applicants before the Special Chief Judicial Magistrate, Kanpur on 15.2.2014 and the learned Magistrate has treated a complaint case bearing Complaint No.975 of 2014 (Washimulla Vs. Shafiulla and others) alleging therein that the opposite party no.2 owner of house no.105/659 situated at Tukaniaprwa, Kanpur Nagar. Nothing overt act has been done with her and as of now the matter has been mutually compromised between the parties. 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.975 of 2014 ( Washiulla Vs. Shafiulla and others), under sections 420, 465, 468, 471, 504, 506 r/w 34 IPC, Police Station Kotwali District Kanpur Nagar, pending in the court of Chief Judicial Magistrate, Hathras against the applicants are quashed in terms of compromise arrived at between the parties. Order Date :- 30.10.2023 SFH High Court of Judicature at Allahabad