Harish Chandra v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 39266 of 2023 Applicant :- Harish Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Sengar,Virendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J. Vakalatnama filed today by Sri Ramendra Singh, Advocate on behalf of the opposite party no.2 is taken on record. Heard learned counsel for the applicant and 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 charge sheet dated 02.07.2020 and cognizance order dated 28.09.2020 as well as the entire proceeding of Case no.798 of 2020, arising out of Case Crime No.259 of 2020, under Sections 379 IPC, P.S. Jalaun, District-Jalaun. It is submitted by learned counsel for the applicant that the matter is settled between the parties out of Court 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. 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 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 Cr.P.C. is allowed. The entire proceedings of charge sheet dated 02.07.2020 and cognizance order dated 28.09.2020 as well as the entire proceeding of Case no.798 of 2020, arising out of Case Crime No.259 of 2020, under Sections 379 IPC, P.S. Jalaun, District-Jalaun against the applicant are quashed in terms of compromise arrived at between the parties. Order Date :- 2.11.2023 Sanjeet High Court of Judicature at Allahabad