Allahabad High Court
Mohd. Arif Khan And 4 Others vs The State Of U.P. Thru. Prin. Secy. ... on 15 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- APPLICATION U/S 482 No. - 6387 of 2022 Applicant :- Mohd. Arif Khan And 4 Others Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another Counsel for Applicant :- Mohd.Imran Khan Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Shri Mohd. Imran has filed his vakalatnma on behalf of opposite party no.2, which is taken on record.
Heard Shri Mohd. Imran Khan, learned counsel for applicant(s), Shri Mohd. Imran , learned counsel appearing for opposite party no.2 as well as learned A.G.A. for the State and perused the record.
The instant application has been filed by the applicant(s) namely, Mohd. Arif Khan, Smt. Rabiya @ Rabiya Khan, Km. Farheen Khan, Km. Sireen Khan and Adil Beg @ Adil Khan with the prayer to quash the impugned charge sheet dated 06.11.2020 arising out of F.I.R./ Case Crime No. 189/2020, under Sections 498-A, 323, 504, 506 IPC & Sections 3/4 of the Dowry Prohibition Act, 1961 pertaining to Police Station Hasanganj, District Lucknow as well as impugned cognizance/ summoning order date 29.10.2021 passed by learned Judicial Magistrate 2nd, Lucknow in Criminal Case No. 79549 of 2021 (State Vs. Mohd. Arif Khan and others) including entire criminal proceedings initiated in pursuance thereof.
Learned counsel for applicants as well as opposite party no.2 jointly submit that due to some matrimonial discorded relations first information report was lodged by opposite party no.2 against the applicants due to some misunderstanding and after investigation charge sheet has also been filed and the Magistrate has also taken cognizance of the offences and issued process against the applicants.
It is also jointly submitted that now the better sense has prevailed on the parties and they have settled the dispute amicably out of the Court by entering into a compromise and the terms of the compromise has also been reduced into writing and the compromise petition in original has been placed on record as Annexure No.4.
It is also submitted that dispute between the parties was of matrimonial in nature and there was no stake of the society or public at large and having regard to the fact that the parties have compromised and settled the matrimonial dispute the pendency of the proceedings before the trial court are nothing but the abuse of process of law and the same be quashed.
Learned A.G.A. would have no objection to the prayer made by learned counsel for applicant(s) as well as opposite party no.2 on the basis that the dispute between the parties is of purely matrimonial in nature and the same has been resolved/ settled by themselves by entering into a compromise.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.
Accordingly, this application is disposed of with direction to the court concerned that if any such compromise is filed before it within a period of 10 days from today, it shall issue notice to all its signatories 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 30 days from today, the applicant(s) shall not be arrested in lieu of any coercive process which might have been issued by the trial court in the above mentioned case.
Office is directed to return the original compromise deed to learned counsel for the applicants after taking photocopy of the same on record.
Order Date :- 15.9.2022 Muk