Allahabad High Court
Irfan And 4 Others vs State Of U.P. And Another on 9 February, 2023
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 38018 of 2022 Applicant :- Irfan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Khalil,Lal Babu Lal Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. On 7.12.2022, the following order had been passed:
"Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the proceedings of Case No. 438 of 2022 (State Vs. Saida and others) arising out of Case Crime No. 119 of 2021 under Sections 498A, 323, 506, 377 I.P.C. and Section 3/4 of Dowry Prohibition Act and Muslim Mahila (Vivah Par Adhikaro Ki Suraksha) Act 2019, Police Station Garhmukteshwar, District Hapur, pending before learned Civil Judge (J.D.), District Hapur as well as to quash the charge sheet dated 04.06.2021 and also to quash the cognizance order dated 22.04.2022 passed in the aforesaid case.
Learned counsel for the applicant submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.
Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
List after two months.
Till then no coercive measure shall be taken against the applicant in the aforesaid case"
2. In complaince thereto, the parties have appeared before the learned court below in support of settlement reached between them dated 14.8.2022. The learned court below has verified the same vide its order dated 4.1.2023. Copy of the settlement reached and the verification order are on record.
3. It has been thus submitted that matrimonial discord between applicant no.1 and opposite party no.2 has been resolved. At present, the parties are living together.
4. Since, all disputes stands resolved between the parties, it has been prayed that the present prosecution may be quashed as it may serve no useful purpose.
5. Submission advanced have been confirmed as true by learned counsel for opposite party no.2.
6. The present application is allowed.
7. Accordingly, the charge-sheet dated 4.6.2021 and cognizance order dated 22.4.2022 are set aside. The entire proceedings of Case No. 438 of 2022 (State Vs. Saida and others) arising out of Case Crime No. 119 of 2021, under Sections 498-A, 323, 506, 377 I.P.C. and Section 3/4 D.P. Act and Section 3/4 The Muslim Women (Protection of Rights on Marriage) Act, Police Station- Garhmukteeshwar, District- Hapur, pending in the court of Civil Judge (J.D.), Hapur, are hereby quashed.
Order Date :- 9.2.2023 CS/-