Allahabad High Court
Mohd Mashroor vs State Of U.P. And Another on 2 May, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:78789 Court No. - 87 Case :- APPLICATION U/S 482 No. - 9126 of 2024 Applicant :- Mohd Mashroor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Dileep Kumar Shukla, learned counsel for the applicant, Sri Sai Girdha, learned counsel for the State and perused the records.
3. The present application under Section 482 Cr.P.C. has been filed by the applicant Mohd Mashroor with the following prayers:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present Criminal Misc. Application and to quash/set aside the impugned charge sheet No.201/2013 dated 18.12.2013 & the cognizance/ summoning order dated 10.03.2015 passed by the learned Judicial Magistrate, Sambhal in Case No.562/2015 (Case No.340/2023 now re-numbered as Case No.1509/2023) (State of U.P. vs. Mohd. Mashroor) under Section 498A, 452, 323, 504, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station - Nakhasa, District - Sambhal as well as the entire proceeding of the aforesaid case pending in the Court of learned Civil Judge (Junior Division)/Judicial Magistrate, Sambhal at Chandausi (arising out of Case Crime No.319/2013] in terms of compromise dated 10.08.2023 entered between the parties duly verified by the Trial Court vide order dated 18.01.2024.
It is further prayed that this Hon'ble Court may very kindly be pleased to stay the further proceedings of Case No.562/2015 (Case No.340/2023 now re-numbered as Case No.1509/2023) (State of U.P. vs. Mohd. Mashroor) under Section 498A, 452, 323, 504, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Nakhasa, District - Sambhal as well as the entire proceeding of the aforesaid case pending in the Court of learned Civil Judge (Junior Division)/Judicial Magistrate, Sambhal at Chandausi [arising out of Case Crime No.319/2013] during the pendency of the present Criminal Misc. Application (under Section 482 Cr.P.C.) before this Hon'ble Court and/or may pass such other and further orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, otherwise the applicant will suffer an irreparable loss and injury."
4. This matter is nominated to this Bench vide order dated 29.04.2024 of Hon'ble The Chief Justice.
5. Learned counsel for the applicant states that an order was passed by a co-ordinate Bench of this Court vide order dated 02.12.2023 in Crl. Misc. Application 482 No. 39730 of 2023 (Mohd. Mashroor Vs. State of U.P. and another) which was sent for verification before the concerned trial court, the same is verified, copy of the said order and the verification order are annexed as annexure 2 and 3 of the affidavit.
6. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (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; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.
7. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings, charge sheet as well as cognizance/summoning order as prayed for by the applicant(s).
8. The present application is allowed.
9. The charge sheet No.201/2013 dated 18.12.2013 & the cognizance/summoning order dated 10.03.2015 of the aforesaid case are hereby quashed subject to the applicant depositing Rs.10,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.
Order Date :- 2.5.2024/M. ARIF (Samit Gopal, J.)