Allahabad High Court
Ayyub And 2 Others vs State Of U.P. And Another on 4 August, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:157361
Court No. - 87
Case :- APPLICATION U/S 482 No. - 10395 of 2023
Applicant :- Ayyub And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Meraj Ahmad Khan
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Krishna Madhav Pandey, learned counsel for the opposite party No. 2.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 119 of 2021 dated 19.06.2021, summoning order dated 06.08.2021 as well as entire proceedings of Case No. 11711 of 2021(State Vs. Ayyub and others), arising out of Case Crime No. 146 of 2021, under Sections- 376, 354(B), 323, 504, 506 I.P.C., Police Station- Dilari, District- Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Moradabad.
3. The case was heard on 28.03.2023 and the Court has passed the following order:-
"1. Heard Mr. Meraj Ahmad Khan, the learned counsel for applicants, the learned A.G.A. for State and Mr. Krishna Madhaw Pandey, Advocate, who has put in appearance on behalf of opposite party no.2 by filing a short counter affidavit along with his Vakalatnama in Court today, which is taken on record.
2. Perused the record.
3. This application under Section 482 Cr.P.C. has been filed challenging the Charge Sheet dated 19.06.2021 submitted in Case Crime No.146 of 2021, under Sections 376, 354 (B), 323, 504, 506 IPC, Police Station - Dilari, District - Moradabad, the summoning order dated 06.08.2021 passed by Additional Chief Judicial Magistrate ? Ist, Moradabad in Case No.11711 of 2021 (State Vs. Ayyub and others), under Sections 376, 354(B), 323, 504, 506 I.P.C., Police Station Dilari, District Moradabad, as the entire proceedings of aforementioned case now pending in the Court of Additional Chief Judicial Magistrate ? Ist, Moradabad.
4. Learned counsel for applicants submits that during the pendency of aforementioned criminal case, applicant no.1, Ayyub and the prosecutrix have solemnized marriage on 19.12.2022.
5. On the above premise, it is urged by the learned counsel for applicants that the dispute between the parties now stands compromised. As such the proceedings of aforementioned case are liable to be quashed.
6. Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.
7. Put up this case on 02.05.2023 as fresh.
8. Learned counsel for the applicants undertake to ensure the presence of the parties before the court below or any other transferee court, as the case may be, on 18.04.2023. Court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and sent to this Court by the next date.
9. Parties are also directed to produce certified copy of this order before the court concerned on the date fixed before it.
10. In view of the fact that parties have entered into a compromise as an interim measure it is provided that till the next date of listing, no coercive action shall be taken against the applicant in aforementioned case crime number. "
4. Pursuant to order dated 28.03.2023, compromise has been verified by the trial Court vide order dated 18.04.2023 and the same has been received to this Court from Additional Chief Judicial Magistrate, Court No. 1, Moradabad, vide letter dated 06.05.2023.
5. Learned counsel for the opposite party No. 2 has filed short counter affidavit, in which he has not objected the aforesaid facts and submitted that in case proceedings against the applicants is quashed, he would have no objection.
6. In view of the facts and circumstances of the case, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
8. The present application is, accordingly allowed.
9. No order as to costs.
Order Date :- 4.8.2023
ADY
