Allahabad High Court
Azimuddin And 3 Others vs State Of U.P. And Another on 6 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 7145 of 2022
Applicant :- Azimuddin And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abhishek Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Shri Abhishek Gupta, learned counsel for the applicants has filed supplementary affidavit. It is taken on record.
Heard Shri Abhishek Gupta, learned counsel for the applicants, Shri Shekhar Gangal, learned counsel for the respondent no. 2 and gone through the record.
The present petition under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No. 764 of 2013 arising out of Case Crime No. 23 of 2013 under Sections 498-A, 323, 506 and 504 IPC and under Sections 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Gautam Buddh Nagar, pending in the court of Civil Judge (Junior Division), FTC Gautam Buddh Nagar and set aside the impugned cognizance/summoning order dated 24.07.2013 passed by Judicial Magistrate, Gautam Budh Nagar on the basis of compromise/settlement between the parties.
Learned counsel for the petitioners has stated that the parties have amicably settled their dispute and have entered into a compromise on 30.09.2021 (enclosed as annexure no. 4 to the petition).
This Court vide its order dated 28.03.2022 has referred the matter to the court below for the purpose of verification of the compromise dated 30.09.2021 entered into between the parties and after the verification of the compromise, an appropriate order with respect to the verification shall be passed by the court below and send a report to this Court.
Shri Abhishek Gupta, learned counsel for the applicants, Shri Shekhar Gangal, learned counsel for the respondent no. 2 have submitted that the compromise has been verified by the court below. The certified copy of the order dated 19.04.2022 whereby the court has verified the compromise, is annexed as annexure no. 2 to the supplementary affidavit.
Learned counsel for the petitioners 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 Shekhar Gangal, 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 complainant and the applicant no. 1 are wife and husband respectively and due to matrimonial disputes, the criminal case was registered as such, the proceedings of Case No. 764 of 2013, under Sections 498-A, 323, 506 and 504 IPC and under Sections 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Gautam Buddh Nagar, pending in the court of Civil Judge (Junior Division), FTC Gautam Buddh Nagar 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 as the rival parties are husband and wife and the present criminal proceedings are arising out of dispute relating to matrimonial dispute.
As the certified copy of the verification report has been filed before this court by filing supplementary affidavit, which has been admitted by the learned counsel for the respondent no. 2, it would be a futile exercise to wait for the verification report to be submitted by the court below.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 30.09.2021 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 Case No. 764 of 2013 arising out of Case Crime No. 23 of 2013 under Sections 498-A, 323, 506 and 504 IPC and under Sections 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Gautam Buddh Nagar, pending in the court of Civil Judge (Junior Division), FTC Gautam Buddh Nagar are hereby quashed in terms of the compromise dated 30.09.2021.
The petition is hereby allowed.
Order Date :- 6.5.2022
Ashish
