SHRI KANT TRIPATHI,J. - (1.) HEARD the learned Counsel for the applicants and the learned Counsel for the respondent No. 2 and the learned A.G.A. for the respondent No. 1 and perused the record.
(2.) THIS is an application under section 482, Cr.P.C. for quashing the proceeding of criminal case No. 7361 of 2007, State v. Gulam Hussain, arising out of case crime No. 588 of 2006, under sections 420, 467, 468 and 471 I.P.C., P.S. Tanda, District Rampur. It is alleged against the applicant that his real name is Hazi Gulam Hussain son of Shahabuddin and was Pradhan of the Gram Shabha from 1988 to 2000. During that period certain financial embezzlements were allegedly stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question (s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.
(3.) IN light of the above observations of this Court in Gian Singh, we feel that this is a case where the continuation of criminal proceedings would tantamount to abuse of process of law because the alleged offences are not heinous offences showing extreme depravity nor are they against the society. They are offences of a personal nature and burying them would bring about peace and amity between the two sides. In the circumstances of the case, FIR No. 163 dated 26.10.2006 registered under sections 147, 148, 149, 323, 307, 452 and 506 of the I.P.C. at Police Station Sector 3, Chandigarh and all consequential proceedings arising therefrom including the final report presented under section 173 of the Code and charges framed by the Trial Court are hereby quashed.;