Allahabad High Court
Mohd. Islam vs State Of U.P. Thru. Prin. Secy. ... on 23 January, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 169 of 2023
Applicant :- Mohd. Islam
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 2 Others
Counsel for Applicant :- Abdul Samad
Counsel for Opposite Party :- G.A.,Syed Mohammad Abid
Hon'ble Shree Prakash Singh,J.
Counter affidavit and Supplementary affidavit filed today by Sri Syed Mohammad Abid, learned counsel for opposite party no.3 and Sri Abdul Samad, learned counsel for the petitioner, respectively, are taken on record.
Heard Sri Abdul Samad, learned counsel for the applicant, Sri Syed Mohammad Abid, learned counsel for opposite party no.3, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the record.
By means of the instant application, the applicant has prayed for quashing of the charge sheet No.33 of 2013, dated 05.05.2013, under Sections 363, 366 and 376 IPC, Police Station - Harchandpur, District - Raebareli as well as entire proceeding in Criminal Case No.276 of 2014, Crime No.037 of 2013, under aforesaid sections, pending before the learned 1st Additional Chief Judicial Magistrate, Court No.11, Raebareli.
Learned counsel appearing for the applicant submits that initially the dispute arose wherein an allegation has been levelled against the present applicant that he has abducted the opposite party no.3 from the lawful possession of guardian and thereafter an investigation was instituted and the charge sheet was filed under Sections 363, 366 and 376 of IPC. He added that thereafter the applicant and opposite party no.3 started living as husband and wife and there are three children brown from their wedlock. He added that the applicant and the opposite party no.3 want to live peacefully and to enjoy their matrimonial life and thus, the instant criminal proceeding is hurdle and thus the same may be quashed.
In support of of his arguments, learned counsel for the applicant has placed reliance on a judgment rendered in Vishwas Bhandari v. State of Punjab and another reported in (2021) 2 Supreme Court Cases 605, Criminal Appeal No.105 of 2021, dated 03.02.2021 and has placed reliance on paragraphs 9 and 10, which are extracted hereunder:-
"9. We find that the evidence of the prosecutrix and the complainant before the Court shows that there is no allegation whatsoever against the appellant. The main allegation was against Vikram Roop Rai but the prosecutrix married him on 4.8.2013 and had given birth to two children from that wedlock. In the absence of any allegation against the appellant, we find that the continuation of proceedings against him is nothing but an abuse of process of law.
10. Since there is no evidence against the appellant, the proceedings initiated against him on the basis of FIR would be untenable. The High Court was, thus, not justified in dismissing the petition against the appellant."
Referring the aforesaid judgment, he submits that the case of the applicant is squarely covered with the ratio of the abovesaid judgment. The applicant and the opposite party no.3 are living as husband and wife, now, they have entered into compromise deed and that too has been reduced in writing on 12.01.2023. He submits that further criminal proceedings against the present applicant, in such a situation, would be a futile exercise and would amount to harassment of the applicant, as such, the same may be quashed.
Learned counsel for the opposite party no.3 has also supported the version of learned counsel for the applicant and submits that the opposite party no.3 and the applicant is living as husband and wife and there are three children from their wedlock and the parties have entered into compromise in the light of ratio of judgment rendered in Vishwas Bhandari (supra) and thus the criminal proceeding against the applicant may be dropped.
On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid.
Now, whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court.
Accordingly, this application is disposed off with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.
The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.
For a period of one month, the proceedings initiated against the applicant arising out from the charge sheet No.33 of 2013, dated 05.05.2013, under Sections 363, 366 and 376 IPC, Police Station - Harchandpur, District - Raebareli as well as entire proceeding in Criminal Case No.276 of 2014, Crime No.037 of 2013, shall remain stayed so far as the applicant is concerned.
Office is directed to return the original compromise deed to the learned counsel for the applicant, if any, after retaining the photocopy of the same within a week.
Order Date :- 23.1.2023
KR
