Allahabad High Court
Dr. Suhail vs State Of U.P. And Another on 1 August, 2019
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?
Court No. - 70
Case :- APPLICATION U/S 482 No. - 29540 of 2019
Applicant :- Dr. Suhail
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Syed Shahnawaz Shah
Counsel for Opposite Party :- G.A.,Nuruddin Khan
Hon'ble Sanjay Kumar Singh,J.
1. Heard Sri S.S.Shah, learned counsel for the applicant, learned AGA for the State/opposite party no.1 and Niharika Singh, Advocate, holding brief of Mohd. Nuruddin, learned counsel appearing on behalf of the opposite party no.2.
2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned chargesheet dated 31.12.2013 as well as entire proceeding of Criminal Case No.715/9 of 2018 (Old Criminal Case No.5301421 of 2018) (State Vs. Suhail Akhtar) arising out of Case Crime No.327 of 2013, under Sections 506, 511, 376 IPC, Police Station Kithore, District Meerut.
3. It is submitted by the learned counsel for the applicant that :-
(3.1) The applicant is husband of opposite party no.2 (Smt.Gurmeet Kaur). The marriage of the applicant was solemnized on 15.10.2006 with opposite party no.2 and thereafter two daughters were born out of their wedlock, but on account of acrimonious relation between the parties concerned, matrimonial dispute arose between them and consequently opposite party no.2 lodged FIR on 12.08.2013 registered as Case Crime No.327 of 2013, under sections 498A, 511, 506 & 376 I.P.C., Police Station Kithore, District Meerut, in which the investigating officer submitted chargesheet dated 31.12.2013.
(3.2) It is next submitted that on 23.12.2014, opposite party no.2 given her affidavit before the Circle Officer, Rithore mentioning therein that she is living with her husband (applicant) and infact no such occurrence took place. Since she was under ill advice, therefore, she had lodged the FIR on 12.08.2013 against the applicant. In the said affidavit prayer has been made to send her affidavit to the court concerned.
(3.3) It is further submitted that after taking cognizance in the matter, the parties have entered into compromise and compromise deed dated 12.11.2018 has been executed, which was filed in the court of Chief Judicial Magistrate, Court No.3, Meerut in Case No.5301421 of 2015.
(3.4) Pursuant to said compromise, the applicant preferred Application u/s 482 Cr.P.C. No.45717 of 2018 before this Court, which was disposed of vide order dated 17.12.2018 with the direction to the court concerned to verify the said compromise in presence of parties concerned giving liberty to the applicant to approach this Court again for quashing of the proceeding, in case, the said compromise is verified. The said order dated 17.12.2018 is reproduced herein-below:-
"Heard learned counsel for the petitioners, and the learned A.G.A. for the State and perused the record.
This petition is filed by the petitioners for quashing the charge sheet dated 31.12.2013 as well as entire proceeding of Criminal Case No. 715/9 of 2018 (Old Criminal Case No. 5301421 of 2018) under Section 498-A, 506, 511, 376 IPC(State Vs. Suhail Akhtar) arising of out Case Crime No. 327 of 2013, Police Station Kithore, District Meerut on the basis of compromise reached between the parties. Learned counsel for the petitioners submits that petitioners have amicably compromised their dispute, therefore, the aforesaid case may be decided in terms of the compromise between the parties.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court.
Accordingly, this petition is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the petitioners to approach this Court again for quashing of the proceedings.
Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the petitioner in the aforesaid case."
(3.5) It is pointed out that the said compromise dated 12.11.2018 has been duly verified by the concerned court below in presence of the parties concerned on 02.04.2019. Certified copy of the verification order dated 02.04.2019 has brought on record by the applicant as Annexure No.12 to the application.
(3.6) It is also submitted that since the opposite party no.2 is wife of the applicant, therefore, offence under section 376 I.P.C. is not made out against the applicant. With regard to alleged allegation of offence under section 376 I.P.C., it is vehemently urged that only allegation has been levelled that the applicant attempted to commit such offence.
(3.7) On the strength of the aforesaid fact, lastly it is submitted that the applicant and opposite party no.2 are living together since long alongwith her children, therefore, considering their welfare and future the impugned chargesheet dated 31.12.2013 and criminal proceedings pursuant thereto are liable to be quashed in terms of compromise.
4) Learned AGA submitted that chargesheet has been rightly submitted against the applicant because at the time of submission of chargesheet, there was no compromise between the parties concerned. The said development took place subsequent to submission of chargesheet.
5) Learned counsel appearing on behalf of opposite party no.2 does not dispute the aforesaid fact and also submitted that the complainant/opposite party no.2 (wife) is living with the applicant and leading her matrimonial life happily. Now the differences and dispute between the parties concerned has come to an end, therefore, she does not want to proceed against the applicant and in case the impugned chargesheet and all criminal proceeding pursuant thereto against the applicant is quashed, the opposite party no.2 will have no grievance.
6) On making settlement/compromise between the parties in a matrimonial dispute, the chance of ultimate conviction is bleak and therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue.
7) Accordingly, the chargesheet dated 13.12.2013 and further proceeding of Criminal Case No.715/9 of 2018 (State vs. Suhail Akhtar), under sections 498A, 506, 511, 376 I.P.C., Police Station Kithore, District Meerut, pending in the court of Chief Judicial Magistrate-III are hereby quashed.
8) The present application u/s 482 Cr.P.C. is allowed in terms of settlement/compromise made between the parties concerned.
Order Date :- 1.8.2019
SKD
