Allahabad High Court
Rehan Khan And Another vs State Of U.P And Another on 14 March, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 1024 of 2023
Applicant :- Rehan Khan And Another
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Irshad Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed by learned counsel for the applicants in Court today, is taken on record. Office is directed to register the same.
Heard Mr. Irshad Ahmad, learned counsel for the applicants and Mr. Pankaj Srivastava, learned A.G.A. for the State and perused the record.
On 23.01.2023, the following order was passed:-
"Heard learned counsel for the applicants and learned A.G.A for the State. Perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing of the charge sheet no. 185 of 2022 dated 24.04.2022 (State vs. Rehan Khan and others) arising out of Case Crime No. 53 of 2022, under Sections 498A, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act, 1961 & 3/4 of Muslim Women (Protection of Rights on Marriage) Act 2019, P.S. Chandpur, District Bijnor pending in the court of Civil Judge (JD)/Judicial Magistrate, Chandpur (Bijnor).
Submission made by learned counsel for the applicants is that parties have come to terms and have entered into a compromise on 20.08.2022, copy of which is annexed as Annexure- 3 to the application. Contention raised by counsel for the applicants is that contesting parties warring end but a better sense has prevailed upon them and they have decided to bury their differences and dispute.
Keeping in view the nature of gravity of the offence this compromise is permissible however, in order to verify the covenants and signatories parties are required to appear before the court below within next 15 days from today and the court would complete the exercise of verification.
Put up this case on 13.02.2023 as fresh so as to enable to learned counsel for the applicants to file supplementary affidavit annexing the order of Judicial Magistrate, Bijnor.
Till the next 15 days, no coercive action shall be taken against the applicants in pursuance of Criminal Case No. 2798 of 2022 arising out of Case Crime No. 53 of 2022, under Sections 498A, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act, 1961 & 3/4 of Muslim Women (Protection of Rights on Marriage) Act 2019, P.S. Chandpur, District Bijnor pending in the court of Civil Judge (JD)/Judicial Magistrate, Chandpur (Bijnor)."
In compliance of the aforesaid order, certified copy of the order dated 27.02.2023 has been placed at page 10 of the supplementary affidavit filed today vide which the compromise between the parties has been verified by the Court below in presence of the parties along with their respective counsels.
Learned counsel for the applicants submits that in view of the aforesaid compromise being verified by the court concerned, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
Learned A.G.A. for the State also affirms that the parties have entered into compromise, he has no objection if the proceedings of the aforesaid case are quashed.
This Court is not unmindful of the following judgements of the Apex Court:
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; and
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences.
Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
Accordingly, the entire proceedings of charge sheet no. 185 of 2022 dated 24.04.2022 (State vs. Rehan Khan and others) arising out of Case Crime No. 53 of 2022, under Sections 498A, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act, 1961 & 3/4 of Muslim Women (Protection of Rights on Marriage) Act 2019, P.S. Chandpur, District Bijnor pending in the court of Civil Judge (JD)/Judicial Magistrate, Chandpur (Bijnor), on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 14.3.2023
Rahul.
