Mohd.Tarique Siddiqui vs State of U.P.And Another

S.C. Agarwal,J.

Heard Shri Mohammad Khalid , learned counsel for the applicant, Shri Rajesh Kumar Tiwari, learned counsel for the complainant as well as learned AGA for the State.

This application under Section 482 Cr.P.C has been filed with a prayer to quash the charge sheet No.182 of 2007 dated 14.7.2007 in case crime No.C55 of 2006 as well as entire criminal proceedings in Criminal Case No.90 of 2008, under Sections 406, 420 IPC, P.S Kasganj, district Kashiram Nagar pending in the Court of A.C.J.M., Kasganj.

The charge sheet has been filed against the applicant under Sections 406 and 420 IPC. There was allegation against the applicant that he failed to return the amount deposited by the opposite party No.2 with him on maturity of the deposit.

Learned counsel for the applicant submitted that compromise has taken place between the parties and the entire amount of opposite party No.2 has been returned.

Learned counsel for the opposite party No.2 admits that compromise has taken place between the parties.

In paragraph Nos.9 and 10 of the counter affidavit, it has been stated that matter has been resolved outside the Court and the complainant does not wish to continue the proceedings against the applicant.

The Apex Court in case of Madan Mohan Abbot Vs. State of Punjab (2008) 2 Supreme Court Cases (Cri.) 464 observed as under :

"We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a pure personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law".

In the instant case, the dispute between the parties, is of commercial nature, which has amicably resolved by the parties outside the Court. The amount due has already been paid by the applicant to opposite party No.2. In these circumstances, the proceedings deserve to be quashed and the application deserves to be allowed.

In view of the compromise between the parties, the entire proceedings in Criminal Case No.90 of 2008, under Sections 406, 420 IPC, P.S Kasganj, district Kashiram Nagar pending in the Court of A.C.J.M., Kasganj are quashed.