Allahabad High Court
Mohammad Hasim & Others vs State Of U.P. & Another on 3 February, 2010
Author: Dasu Ram Azad
Bench: Dasu Ram Azad
Court No. - 53 Case :- APPLICATION U/S 482 No. - 10698 of 2008 Petitioner :- Mohammad Hasim & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Vikrant Rana,Neeraj Singh Respondent Counsel :- Govt. Advocate Hon'ble Dasu Ram Azad,J.
( Court No. 53) Criminal Misc. Application No. 10698 of 2008 *** Mohd.Hashim & others Vs. State of U.P. and another. Hon'ble D.R. Azad, J Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material placed on record. This Criminal Misc. application under Section 482 Cr.P.C. has been filed with a prayer to quash the proceedings of Case No. 91 of 2008 ( State Vs. Mohd. Hashim and others) under Sections 498A I.P.C. 323,504 and 506 I.P.C. and Section 3 /4 of Dowry Prohibition Act Police Station Lisari Gate District Meerut pending in the court of Special Chief Judicial Magistrate, Meerut.
Vide order dated 2.5.2008, after hearing counsel for the applicants and the learned A.G.A., the matter was referred to the Mediation Centre and further direction was made that no coercive steps shall be taken against the applicants in Case No. 91 of 2008 ( State Vs. Mohd. Hashim and others) under Sections 498A I.P.C. 323,504 and 506 I.P.C. and Section 3 /4 of Dowry Prohibition Act Police Station Lisari Gate District Meerut pending in the court of Special Chief Judicial Magistrate, Meerut.
Vide report of mediation centre dated 30.8.2008 it reveals that the parties have not entered into compromise before the mediation centre.
Learned counsel for the applicants has filed a a supplementary affidavit dated 19.4.2009 annexing therewith copy of the compromise deed dated 10.2.2009 duly signed by husband and wife both (Annexure - 1). In para 5 of the supplementary affidavit it has been mentioned that the parties have entered into compromise and there is no dispute and differences between the parties and all disputes and differences have been amicably settled by the parties through the process of mediation and conciliation centre.
Learned counsel for the applicants placed reliance on the observations made by the Apex Court in the case of B.S. Joshi Vs. State of Haryana and another, reported in 2003 (46) A.C.C. 779 S.C. and in the case of Ruchi Agrawal Vs. Amit Kumar Agrawal and others, reported in 2004 (3) J.I.C.769 S.C.. The Hon'ble Apex Court quashed the proceedings of criminal case on the basis of the compromise filed between the parties mainly on the ground that no lawful purpose would be served by continuance of the proceedings between the parties. In view of the above decisions of the Hon'ble Apex Court, the proceedings of Complaint Case No. Case No. 91 of 2008 ( State Vs. Mohd. Hashim and others) under Sections 498A I.P.C. 323,504 and 506 I.P.C. and Section 3 /4 of Dowry Prohibition Act Police Station Lisari Gate District Meerut pending in the court of Special Chief Judicial Magistrate, Meerut is hereby quashed.
Learned counsel for the applicants is directed to produce certified copy of this order before Special Chief Judicial Magistrate, Meerut for information and its compliance within a period of 15 days from the date a certified copy of this order is issued to him.
With the aforesaid direction, this application is disposed of finally.
Dt: 3.2.2010 n.u.