2023 Supreme(Online)(All) 21057
ALLAHABAD HIGH COURT
RAJEEV MISRA
MAHESH DWIVEDI – Appellant
Versus
State – Respondent
A482/23701/2022
Where the parties to a criminal case have compromised their dispute, the court may quash the proceedings in the interest of justice.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - COMPROMISE - PARTIES HAVE ALREADY COMPROMISED - NO USEFUL PURPOSE SHALL BE SERVED IN PROLONGING THE PROCEEDING - INTEREST OF JUSTICE SHALL BE SERVED IN CASE ENTIRE PROCEEDINGS ARE QUASHED
Fact of the Case:
The applicant filed an application under section 482 Cr.P.C. challenging the entire proceedings of a case under sections 145 Cr.P.C. in view of the compromise entered into by the parties.
Finding of the Court:
The court allowed the application and quashed the entire proceedings of the case in view of the compromise entered into by the parties.
Issues: Whether the entire proceedings of a case under sections 145 Cr.P.C. should be quashed in view of the compromise entered into by the parties.
Ratio Decidendi: Once the parties have amicably settled their dispute, outside the Court, interest of justice shall be served in case entire proceedings of aforesaid case are quashed by this Court.
Final Decision: The court allowed the application and quashed the entire proceedings of the case.
Court No. - 66
Case :- APPLICATION U/S 482 No. - 23701 of 2022
Applicant :- Mahesh Dwivedi
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Vikrant Pandey,Ramesh Kumar Patel
Counsel for Opposite Party :- G.A.,Rama Shankar Mishra
Hon'ble Rajeev Misra,J.
Heard Mr. Vikrant Pandey, the learned counsel for applicant,
the learned A.G.A. for State and Amresh Kumar Yadav,
Advocate, holding brief of Mr. R.S. Mishra, who has put in
appearance on behalf of opposite parties 2, 3 and 4.
Present application under section 482 Cr.P.C. has been filed
challenging the entire proceedings of Case No. 3043 of 2023,
(Ravi Kumar and Others Vs. Mahesh Dwivedi) under sections
145 Cr.P.C., Police Station- Chandpur, District Fatehpur now
pending in the Court of Sub Divisional Magistrate, Bindki,
Fatehpur in view of the compromise entered into by the parties.
Short counter affidavit has also been filed by opposite parties-
2,3 and 4 in Court today which is taken on record.
On the matter being taken up, Mr. Amresh Kumar Yadav,
holding brief of Mr. R.S. Mishra, learned counsel for opposite
parties- 2,3 and 4 submits that parties have already
compromised and therefore he has instructions not to oppose
the present application. He has also invited the attention of
Court to paragraph-4 of short counter affidavit filed by
respondents-2,3 and 4. On the aforesaid premise, learned
counsel for applicant submits that no useful purpose shall be
served in prolonging the proceeding of aforementioned case
pending. Once the parties have amicably settled their dispute,
outside the Court, interest of justice shall be served in case
entire proceedings of aforesaid case are quashed by this Court.
Per contra, the learned A.G.A. for State and Mr. Amresh Kumar
Yadav, Advocate, holding brief of Mr. R.S. Mishra, learned
counsel for opposite parties 2,3 and 4 do not oppose the
submissions urged by learned counsel for applicant.
In view of above, present application succeeds and is allowed.
Entire proceedings of Case No. 3043 of 2023 (Ravi Kumar and
Others Vs. Mahesh Dwivedi and Others), under sections 145
Cr.P.C., Police Station- Chandpur, District Fatehpur, now
pending in the Court of Sub Divisional Magistrate, Bindki,
Fatehpur are hereby quashed.
Order Date :- 11.1.2023
Arshad
Digitally signed by :-
ARSHAD MAHMOOD
High Court of Judicature at Allahabad