Allahabad High Court
Mohd. Umar vs State Of U.P. And Another on 24 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 2285 of 2022
Applicant :- Mohd. Umar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Nag Sundaram Srivastava,Kalyan Sundram Srivastava
Counsel for Opposite Party :- G.A.,Bratendra Singh
Hon'ble Manish Kumar,J.
Heard Shri Kalyan Sundram Srivastava, learned counsel for the applicant, Sri Bratendra Singh, learned counsel for Respondent No.2 and learned A.G.A. for the State 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 entire proceedings of the Case No.10245/2021, arising out of Case Crime No.1074/2020, including Charge sheet dated 01.12.2020 and cognizance order dated 20.10.2021, pending in the Court of learned Chief Judicial Magistrate, Allahabad, under Sections 498A, 323, 504 I.P.C. and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station - Kotwali, District - Prayagraj. It has further been prayed to stay the entire proceedings of the aforesaid case.
Learned counsel for the applicant has stated that the parties have amicably settled their dispute and have entered into a compromise on 09.12.2021 (enclosed as annexure no. 4 to the present petition/ application).
This Court vide its order dated 08.02.2022 has has referred the matter to the court below for the purpose of verification of the compromise dated 09.12.2021 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.
In compliance of the order of this Court dated08.02.2022, the compliance report dated 16.02.2022 has been submitted by the Additional Civil Judge (Junior Division), Room No.21, Allahabad mentioning therein that the signature of the parties have been verified by their counsel before the court and they have admitted the compromise.
The compliance report dated 16.02.2022 submitted by the Additional Civil Judge (Junior Division), Room No.21, Allahabad 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 learned counsel for 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 the present criminal case and the proceedings thereof 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 09.12.2021 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.10245/2021, arising out of Case Crime No.1074/2020, including Charge sheet dated 01.12.2020 and cognizance order dated 20.10.2021, pending in the Court of learned Chief Judicial Magistrate, Allahabad, under Sections 498A, 323, 504 I.P.C. and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station - Kotwali, District - Prayagraj, are hereby quashed in terms of the compromise dated 09.12.2021.
The petition is hereby allowed.
Order Date :- 24.5.2022
S. Kumar
