Allahabad High Court
Anees Ahmad vs State Of U.P. And Another on 26 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 22185 of 2021
Applicant :- Anees Ahmad
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Krishna Gopal
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard ShriKrishna Gopal, learned counsel for the applicant, learned AGA for the State and gone through the record.
The present petition under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Case No. 84 of 2019, Charge Sheet dated 17.10.2018 as well as Cognizance Order dated 17.01.2019 arising out of Case Crime No. 277 of 2018, under Section 498A, 504 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Bhojipura, District Bareilly pending in the Court of Additional Chief Judicial Magistrate Ist, Bareillly.
Learned counsel for the applicant has informed this Court that on the last date i.e. 22.11.2021, it has been informed to this Court that parties have reconciled their differences and a compromise has been entered into between the parties on 03.04.2021 which has not been disputed by the learned counsel for the respondent no. 2.
On the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 22.11.2021 has referred the matter to the court below for the purpose of verification of the compromise 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 earlier order of this Court, the report dated 22.12.2021 along with verified copy of the compromise has been submitted by the Additional Chief Judicial Magistrate, Court No. 1, Barelli 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 22.12.2021 submitted by the Additional Chief Judicial Magistrate, Court No. 1, Barelli is on record.
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 has 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 as such, entire prosecution case of Case No. 84 of 2019, Charge Sheet dated 17.10.2018 as well as Cognizance Order dated 17.01.2019 arising out of Case Crime No. 277 of 2018, under Section 498A, 504 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Bhojipura, District Bareilly pending in the Court of Additional Chief Judicial Magistrate Ist, Bareillly may be quashed on the basis of compromise taken on 03.04.2021.
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 dispute involved between the parties of matrimonial in nature.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 03.04.2021 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,entire prosecution case of Case No. 84 of 2019, Charge Sheet dated 17.10.2018 as well as Cognizance Order dated 17.01.2019 arising out of Case Crime No. 277 of 2018, under Section 498A, 504 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Bhojipura, District Bareilly pending in the Court of Additional Chief Judicial Magistrate Ist, Bareillly are hereby quashed in terms of the compromise dated 03.04.2021.
The petition is hereby allowed.
Order Date :- 26.5.2022
Ashish
