Allahabad High Court
Mohammad Wasim vs State Of U.P. And Another on 5 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 17350 of 2021
Applicant :- Mohammad Wasim
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ravi Prakash Singh
Counsel for Opposite Party :- G.A.,Gaurav Sharma
Hon'ble Manish Kumar,J.
Heard Shri Ravi Prakash Singh, learned counsel for the applicant, Shri Gaurav Sharma, learned counsel for the respondent no. 2 and gone through the record.
The present petition has been filed by the applicant with the prayer to allow the present application and quash the impugned Charge-sheet dated 21.05.2014, submitted in Case Crime No.3 of 2014, under Sections 498-A, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Mantola, District - Agra, including the entire proceeding of Case No.6342 of 2014, Police Station - Mantola, District - Agra, pending in the Court of Civil Judge (Junior Division), Agra.
Learned counsel for the applicant has stated that the parties have amicably settled their dispute and have entered into a compromise on 06.08.2021 (enclosed as annexure no. 4 to the present petition/ application).
This Court vide its order dated 08.02.2022 has granted time to the applicant to get the compromise deed verified from the court below and file a certified copy thereof, on or before the next date of listing before this Court.
In compliance of the order of this Court dated 08.02.2022, learned counsel for Respondent No.2 has filed an affidavit bringing on record the verified copy of compromise dated 06.08.2021 entered into between the parties including the report dated 19.02.2022 submitted by the A.C.J. (J.D.) 07/ J.M. Agra mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily. Their signatures have been verified by their respective counsels before the Court. The report dated 19.02.2022 submitted by the A.C.J. (J.D.) 07/ J.M. Agra is on record.
Learned counsel for the petitioner has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303].
On the other hand, learned Additional Government Advocate and Shri Gaurav Sharma, learned counsel for the respondent no. 2 have submitted that the compromise has been entered into between the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof may be quashed as the dispute is matrimonial in nature as such, the proceedings of Case No.6342 of 2014, arising out of Case Crime No.3 of 2014, under Sections 498-A, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Mantola, District - Agra, may be quashed.
After hearing learned counsel for the parties and going through the record, it is found that in the present case, the crime is against the individual and not against the society; the accused has no criminal antecedents or criminal history and the present criminal proceedings are arising out of matrimonial dispute.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 06.08.2021 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) and the discussions made hereinabove, there is no purpose to keep the proceedings pending before the trial court and hence, the proceedings of Charge-sheet dated 21.05.2014, submitted in Case Crime No.3 of 2014, under Sections 498-A, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Mantola, District - Agra, including the entire proceeding of Case No.6342 of 2014, Police Srtation - Mantola, District - Agra, pending in the Court of Civil Judge (Junior Division), Agra are hereby quashed in terms of the compromise dated 06.08.2021.
The petition is hereby allowed.
Order Date :- 5.5.2022
S. Kumar
