Mohd.Irfan Raza Khan And Others vs State Of U.P. Thru. Prin. Secy. ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 1145 of 2022
 

 
Applicant :- Mohd.Irfan Raza Khan And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Firoz Ahmad Khan,Rajendra Singh Negi
 
Counsel for Opposite Party :- G.A.,Mohd Imran Khan
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for respondent no.2.

The petition seeks quashing of the impugned charge-sheet dated 2.12.2018 as well as cognizance/summoning order dated 2.10.2020 passed by learned Judicial Magistrate, Bahraich in Case No.680 of 2020 arising out of Case Crime No.222 of 2018 under Sections 498A, 323, 504 and 506 Indian Penal Code and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Bahraich.

Learned counsel for the parties submit that the petitioners and respondent no.2 have amicably settled their dispute outside the court by way of compromise. A copy of compromise is on record.

Further it has been submitted by learned counsel for the petitioners that in compliance of order passed by this Court dated 16.3.2022, the compromise has been verified by the learned court below. Verification report dated 29.3.2022 is on record as SA-1.

Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.

Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.

In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by court below and the verification report dated 29.3.2022 is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed.

Order Date :- 5.5.2022

Madhu