Allahabad High Court
Abbas @ Abbas Ali And 2 Others vs State Of U.P. And Another on 21 July, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:146107
Court No. - 87
Case :- APPLICATION U/S 482 No. - 22427 of 2023
Applicant :- Abbas @ Abbas Ali And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Manoj Pandey
Counsel for Opposite Party :- G.A.,Prakash Tripathi
Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the applicants, learned AGA for the State and Sri Prakash Kumar Shukla, Advocate holding brief of Sri Prakash Tripathi, learned counsel for the opposite party no.2.
2. Case was heard on 20.6.2023, Court has passed the following order:-
"Heard learned counsel for the applicants, learned counsel for opposite party no.2 and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 03.06.2022 along with cognizance order dated 01.05.2023 of Case No. 24729 of 2023 (State Vs. Alla Mahar and others), under Sections 498A and 323 I.P.C. and 3/4 D.P. Act and 3/4 of Muslim Woman Act, 2019, Police Station Kundarki, District Moradabad, pending in the Court of the learned Judicial Magistrate, Moradabad on the basis of compromise so entered into between the parties.
It is submitted on behalf of the applicants that the dispute between the parties are matrimonial in nature. He further submits that on account of intervention of well-wishers of the applicants and opposite party no.2, they have settled their disputes and arrived at a compromise. On the basis of said compromise, opposite party no. 2 and applicants on the mediator-ship of the few relatives are ready to compromise the matter and an affidavit has been filed by opposite party no.2 before the court below that she does not want to press the criminal proceedings initiated by her against the applicants. It is, thus, contended that proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303.
Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.
Put up this case on 21.7.2023 as fresh before the appropriate Bench.
Learned counsel for the parties undertake that they shall make a fresh compromise application before the court below within a week from today for verification of the aforesaid compromise. They further undertake to ensure their presence before the court below or any other transferee court, as the case may be, on 14.07.2023 and the 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 the parties would be allowed to obtain certified copy thereof and file the same before this Court.
Office is directed to send through FAX a copy of this order within 24 hours.
Parties are also directed to produce certified copy of this order along with a fresh compromise application before the court concerned within a week from today.
Till the next date of listing, no coercive steps would be taken against the applicants in the aforesaid criminal case."
3. Pursuant to the order of this Court dated 20.6.2023, learned Judicial Magistrate, Moradabad has submitted its report on 14.7.2023 verifying the compromise deed entered between the parties. Certified copy of verification report is annexed alongwith supplementary affidavit.
4. Sri Prakash Kumar Shukla, Advocate holding brief of Sri Prakash Tripathi, learned counsel for the opposite party no.2 has not disputed the aforesaid facts and also submitted that in case aforesaid proceeding is quashed, he would have no objection.
5. In view of above, 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.
6. 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 Burea 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 charge sheet dated 03.06.2022 along with cognizance order dated 01.05.2023 of Case No. 24729 of 2023 (State Vs. Alla Mahar and others), under Sections 498A and 323 I.P.C. and 3/4 D.P. Act and 3/4 of Muslim Woman Act, 2019, Police Station Kundarki, District Moradabad is hereby quashed.
7. The present application is, accordingly allowed. No order as to costs.
Order Date :- 21.7.2023
Junaid
