Sumit Bansala v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 33338 of 2023 Applicant :- Sumit Bansala Opposite Party :- State of U.P. and Another Counsel for Applicant :- Komal Mehrotra Counsel for Opposite Party :- G.A.,Pandey Balkrishna Hon'ble Gajendra Kumar,J.

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

¶2The present application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of W.T. No.16886 of 2023, arising out of Case Crime No.0281 of 2022, under Sections 147, 420, 467, 468, 471, 504, 506 IPC, Police Station Partapur, District Meerut.

¶3Pursuant to order dated 25.09.2023, 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 08.11.2023.

¶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 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.

¶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 W.T. No.16886 of 2023, arising out of Case Crime No.0281 of 2022, under Sections 147, 420, 467, 468, 471, 504, 506 IPC, Police Station Partapur, District Meerut against the applicants are quashed in terms of compromise arrived at between the parties. Order Date :- 30.11.2023 Sanjeet High Court of Judicature at Allahabad