Allahabad High Court
Mujammil And 4 Others vs State Of U.P. And Another on 20 July, 2023
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:144312
Court No. - 89
Case :- APPLICATION U/S 482 No. - 24312 of 2023
Applicant :- Mujammil And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Neeraj Srivastava
Counsel for Opposite Party :- G.A.,Abu Bakht
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A for the State and perused the record.
2. This application under Section 482 Cr.P.C. has been filed to quash the charge-sheet No.39 of 2020 dated 28.02.2020 against applicant nos.3 to 5 and chargesheet No.39-A/2019 dated 12.05.2022 against applicant nos.1 & 2, cognizance/summoning order dated 19.10.2022 against applicant nos.3 to 5, order dated 19.01.2023 as well as entire proceedings of Criminal Case No.2281 of 2022 arising out of Case Crime No.432 of 2019 (State vs. Kafila Khatoon and others), Police Station Nehtaur, District Bijnor pending in the court of Additional Chief Judicial Magistrate, Court No.1, Bijnor.
3. Learned counsel for the applicants submits that instant dispute is matrimonial in nature and both the parties have settled the dispute out of the Court and moved application before trial court for proceedings as parties have settled their dispute on the ground of settlement. Court below by order dated 19.01.2023 rejected the application of opposite party no.2 considering that dispute relates in the present case is not compoundable, therefore, rejected the application of agreement between the parties and held that proceedings cannot be quashed.
4. Learned counsel for the applicants has placed reliance upon various judgements passed by the Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that on the basis of settlement arrived between the parties, proceeding can be quashed.
5. Considering the argument raised by learned counsel for the applicants and after perusal of judgments of the Apex court, it is a fit case to be interfered, hence, charge-sheet, cognizance/summoning order as well as entire proceedings, as prayed by learned counsel for the applicants are hereby quashed. The application u/s482 Cr.P.C. is allowed.
Order Date :- 20.7.2023
SKD
