Narendra Urf Ranu Shukla and 3 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 36555 of 2023 Applicant :- Narendra Urf Ranu Shukla And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicants 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 entire proceedings of Case No. 3962 of 2017 (Radhika Shukla Vs. Narendra @ Ranu Shukla and others), under Sections 452, 354, 323, 504, 506 I.P.C., Police Station Bewar, District Mainpuri, pending in the court of learned Civil Judge (J.D.)/F.T.C./C.A.W., Mainpuri and further prayer to stay the further proceedings of the aforesaid case has been made.

¶3Pursuant to order dated 4.10.2023 passed by this Court, the parties appeared before the court below for verification of compromise, who were duly identified by their counsel's, while verifying the compromise/settlement dated 18.4.2023.

¶4It is submitted by learned counsel for the applicants 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 AGA has no objection if the proceedings of the aforesaid 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.

¶8Since 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.

¶9In view of the above, the Application u/s 482 Cr.P.C. is allowed.

¶10The entire proceedings of Case No. 3962 of 2017 (Radhika Shukla Vs. Narendra @ Ranu Shukla and others), under Sections 452, 354, 323, 504, 506 I.P.C., Police Station Bewar, District Mainpuri, pending in the court of learned Civil Judge (J.D.)/F.T.C./C.A.W., Mainpuri, against the applicants are quashed in terms of compromise arrived at between the parties. Order Date :- 28.11.2023 A.P. Pandey High Court of Judicature at Allahabad