Allahabad High Court
Rehan Ahamad And Another vs State Of U.P. Thru. Prin. Secy. ... on 20 January, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 4316 of 2022
Applicant :- Rehan Ahamad And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another
Counsel for Applicant :- Sameer Kumar Upadhyay
Counsel for Opposite Party :- G.A.,V.K. Singh
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State, Sri V.K. Singh, learned counsel for the opposite party no.2 and perused the record.
By means of the instant application, the applicants have prayed for quashing the impugned charge sheet no.01/2020 dated 7.4.2020 bearing Case Crime No.0051 of 2020 under Sections 498-A, 323, 504, 504, 354 I.P.C., 3/4 D.P. Act & 3/4 Muslim Women (Protection of Marriage) Act, 2019 relating to P.S. Kothi District Barabanki against the applicants and cognizance order dated 20.7.2021 passed by A.C.J.M. Court No.17, Barabanki. Further prayer is to stay the proceedings of aforementioned case during the pendency of the instant application.
Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 6.6.2022. Thereafter, the applicants filed an Application U/S 482 No.4316 of 2022, wherein this Court, vide order dated 8.7.2022, has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 20.7.2022. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings of aforementioned case may be quashed.
Learned counsel for the opposite party no.2 and the learned counsel for the State have also supported the arguments made by the learned counsel for the applicants.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 6.6.2022 and said compromise has been verified on 20.7.2022 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No.0051 of 2020.
In view of the above, as the applicants and opposite parties have entered into compromise on 6.6.2022 and no grievance remains to be agitated and, as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466.
Accordingly, entire criminal proceedings of Case Crime No.0051 of 2020 so far as it relates to the applicants, is hereby quashed.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to records.
Order Date :- 20.1.2023
Ram Murti
