Allahabad High Court
Mohammad Riyaz And Others vs State Of U.P. Thru. Secy. Deptt. Of ... on 3 March, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 2315 of 2023
Applicant :- Mohammad Riyaz And Others
Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home And Another
Counsel for Applicant :- Vinod Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Vakalatnama on behalf of opposite party no.2 has been filed by Sri Sanjay Bharti, learned counsel, which is taken on record.
Heard learned counsel for the applicants, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State, Sri Sanjay Bharti, learned counsel for the opposite party no.2 and perused the record.
By means of the instant application, the applicants have prayed for quashing of the entire proceedings of case bearing Case No.47644 of 2018 arising out of Case Crime No.783 of 2017 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Thakurganj, District Lucknow, State Vs. Mohammad Riyaz and others, pending in the court of Special Additional Chief Judicial Magistrate, CBI (AP) Lucknow on the basis of compromise between the parties concerned.
Learned counsel for the applicants submits that matter pertains to matrimonial dispute and 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 24.8.2022. Thereafter, the applicants filed an Application U/S 482 No.6676 of 2022 wherein, vide order dated 22.9.2022 this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 28.11.2022. 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 the aforementioned criminal 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 24.8.2022 and said compromise has been verified on 28.11.2022 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.783 of 2017.
In view of the above, as the applicants and opposite parties have entered into compromise on 24.8.2022 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 bearing Case No.47644 of 2018 arising out of Case Crime No.783 of 2017 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Thakurganj, District Lucknow, State Vs. Mohammad Riyaz and others, pending in the court of Special Additional Chief Judicial Magistrate, CBI (AP) Lucknow, are hereby quashed.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to records.
Order Date :- 3.3.2023
Ram Murti
