Sharifunnisa vs State Of U.P. & 2 Ors.
2011 Latest Caselaw 6518 ALL

Citation : 2011 Latest Caselaw 6518 ALL
Judgement Date : 15 December, 2011

Allahabad High Court

Sharifunnisa vs State Of U.P. & 2 Ors. on 15 December, 2011

Bench: Ajai Lamba




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

Court No.14
 
Writ Petition No.6489(MS) of 2011
 
Sharifunnisa					............	                    Petitioner
 
Versus -
 
State of U.P. & ors.				............                      Opposite parties.
 

 
Hon'ble Ajai Lamba, J.

(C.M.A. No.126252 of 11:Application for disposal of writ petition)

This application prays for disposal of the main petition in view of changed circumstances.

Mohd. Iliyas, father of the alleged victim namely Sharifunnisa, lodged an F.I.R. alleging commission of offence under Sections 363 and 366 of the Indian Penal Code. The alleged victim Sharifunnisa, petitioner, admittedly has attained age of majority and has married of her own accord with Halim S/o Mohd. Sajjad on 17.09.2011.

As per contents of the application, the parties have settled their disputes by way of compromise, which has also been placed on record alongwith application.

Learned counsel contends that in view of the stand of the complainant and the alleged victim, who is living in her matrimonial home, no purpose would be served by continuance of proceedings. Rather, matrimonial life of the petitioner and her husband would be disturbed.

Learned counsel for parties pray that the petition be disposed of and order dated 10.10.2011 passed by the concerned Magistrate be quashed.

I have considered the contention of the learned counsel for parties.

It appears that the parties have settled their disputes by way of compromise and the husband and wife are now living together. Even the complainant, who happens to be the father of the alleged victim, has prayed for disposal of the petition in view of compromise.

In view of the above facts and circumstances of the case, it would be in the interest of peace and harmony to allow the petition. Direction issued by the Magistrate in the impugned order dated 10.10.2011 is to the effect that the petitioner be directed to live with her parents. The petitioner, however, being married and having been rehabilitated in her matrimonial home, no purpose would be served in law, nor it would be in the interest of families to have the petitioner live in her parental house.

Writ petition is accordingly allowed. Order dated 10.10.2011 is hereby quashed.

15.12.2011

A.Nigam