Allahabad High Court
Abdul Raheem @ Abbu vs State Of U.P. on 8 July, 2021
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- APPLICATION U/S 482 No. - 11281 of 2021
Applicant :- Abdul Raheem @ Abbu
Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey
Hon'ble Ajit Singh,J.
Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, Sri Sanjay Kumar Srivastava, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceedings of Complaint Case no. 8930 of 2015 (Smt. Shamsheeda vs. Abdul Raheem @ Abbu & others), under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, district-Muzaffar Nagar, pending in the Court of Civil Judge (J.D.)/FTC-I, Muzaffar Nagar, as well as summoning order dated 17.3.2017.
Learned counsel for the applicant submits that the matrimonial dispute which had lead to the institution of the criminal prosecution of the applicant at the behest of the opposite party no.2 has been settled and the parties have entered into a compromise on 21.7.2018, copy whereof has been brought on record as annexure no. 9. to the affidavit accompanying this application. Learned counsel for the opposite party no. 2 further submitted that the opposite party no. 2 is no longer interested in the prosecution of the applicant, and she has no objection if the proceedings of the aforementioned case as well as the prosecution of the applicants is quashed.
In view of the fact that the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), the proceedings of the Complaint Case no. 8930 of 2015 (Smt. Shamsheeda vs. Abdul Raheem @ Abbu & others), under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, district-Muzaffar Nagar, pending in the Court of Civil Judge (J.D.)/FTC-I, Muzaffar Nagar, is hereby set aside.
The present application is accordingly allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.7.2021
Faridul
