Allahabad High Court
Mushtak Husain And 2 Others vs State Of U.P. And 2 Others on 13 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 4655 of 2021
Applicant :- Mushtak Husain And 2 Others
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Rakesh Kumar Verma
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard Shri Rakesh Kumar Verma, learned counsel for the applicants, learned AGA for the State and gone through the record.
The present petition under Section 482 Cr.P.C. has been filed seeking a direction to quash the entire proceedings of the Case No. 7469 of 2020, under Sections 498-A, 323, 504, 506 IPC and under Section 3/4 of the Dowry Prohibition Act, under Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Katghar, District Moradabad at present pending in the Court of learned Chief Judicial Magistrate, Moradabad including the Charge Sheet dated 22.04.2020 as well as cognizance order dated 14.08.2020, arising out of Crime No. 56 of 2020.
Learned counsel for the petitioners has stated that the parties have amicably settled their dispute and have entered into a compromise on 28.12.2020 (enclosed as annexure no. 7 to the present petition).
This Court vide its order dated 18.8.2021 has referred the matter to the court below for the purpose of verification of the compromise dated 28.12.2020 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.
In compliance of the order of this Court dated 18.08.2021, a supplementary affidavit has been filed on 04.03.2022, which is on record enclosing therewith the certified copy of the order dated 30.09.2021 passed by the learned Chief Judicial Magistrate, Moradabad mentioning therein that the complainant-Akbar Husain and Smt. Jainab have been verified by their respective counsels before the court and they have admitted the compromise.
The certified copy of the order dated 30.09.2021 submitted by the Chief Judicial Magistrate, Moradabad is on record.
Learned counsel for the applicants has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303] for quashing of the proceedings pending before the court below.
On the other hand, learned Additional Government Advocate has submitted that the compromise has been entered into between the parties and now the respondent nos. 2 and 3 do not want to proceed with criminal case and the proceedings thereof may be quashed as the applicant no. 1 and respondent no. 3 are husband and wife respectively and due to matrimonial disputes, the criminal case was registered. After the compromise entered into between the parties in the light of judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303], the proceedings pending before the court below 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 matrimonial dispute 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.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 28.12.2020 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. 7469 of 2020, under Sections 498-A, 323, 504, 506 IPC and under Section 3/4 of the Dowry Prohibition Act, under Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Katghar, District Moradabad at present pending in the Court of learned Chief Judicial Magistrate, Moradabad including the Charge Sheet dated 22.04.2020 as well as cognizance order dated 14.08.2020, arising out of Crime No. 56 of 2020 are hereby quashed in terms of the compromise dated 28.12.2020.
The petition is hereby allowed.
Order Date :- 13.5.2022/Ashish
