Allahabad High Court
Ziyauddin And 2 Others vs State Of U.P. And Another on 23 January, 2020
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- APPLICATION U/S 482 No. - 3196 of 2020 Applicant :- Ziyauddin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshari Nath Tripathi,Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Vikrant Gupta, Advocate, has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Joint affidavit filed today is also taken on record.
Heard Sri Keshari Nath Tripathi, learned counsel for the applicants, Sri Vikrant Gupta, learned counsel for opposite party no.2 and Sri P.K. Shahi, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned summoning order dated 28.03.2019 passed by Additional Chief Judicial Magistrate, Court No.2, Rampur in Complaint Case No.3534/2018 (Registration No.1330/2018), Aftab Ahmad Vs. Ziyauddin & others, whereby the applicants have been summoned under Sections 406, 504, 323, I.P.C. and Section 3/4 of D.P. Act, Police Station Kemari, District Rampur.
Learned counsel for both the parties state that the parties have entered into compromise and joint affidavit in this regard has been filed stating that the parties have amicably settled their dispute. In view of the settlement reached between the parties, the parties pray another chance be given to them to develop and experience normal relationship. The continuance of the criminal trial may in fact hamper the otherwise good chance of the parties enjoying a normal relationship. In such changed circumstances, the opposite party no.2 - Aftab Ahmad does not wish to press charges against the applicant.
The averments made in para nos.9 and 10 of the joint affidavit are reproduced hereinunder :-
"9. That it is respectfully submitted that on the basis of the aforesaid compromise in between the parties, the complainant/o.p. no.2 do not want to prosecute the applicants in the present criminal case as such the Hon'ble Court may kindly be pleased to quash the entire proceeding of present complaint case pending before court below against the applicants in the interest of justice.
10. That if the proceedings of Complaint Case No.3534/2018, (Registration No.1330/2018) Aftab Ahmad Vs. Ziyauddin & others, whereby summoning the applicants under Sections 406, 504, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kemari, District Rampur, pending before learned Additional Chief Judicial Magistrate, Court No.2, Rampur is continue against the applicants, the applicants and the O.P. No.2 will suffer an irreparable loss and injury."
Learned counsel for the opposite party no.2 submits that opposite party no.2 has no objection, if the proceedings in the aforesaid case are quashed. He does not dispute the correctness of the submission advanced by the learned counsel for the applicant on the correctness of the documents relied upon by him.
This Court is not unmindful of the following judgments 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.
5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
In the aforesaid judgments, the Apex Cort 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 the case of Shaifullah and others Vs. State of U.P. & another; 2013 (83) ACC 278, 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 and also the submissions advanced by learned counsel for the parties, this Court is of the considered opinion that no useful purpose shall be served by prolonging the proceeding of the above mentioned complaint case as the parties have already settled their dispute.
Accordingly, the proceedings of Complaint Case No.3534/2018 (Registration No.1330/2018), Aftab Ahmad Vs. Ziyauddin & others, whereby the applicants have been summoned under Sections 406, 504, 323, I.P.C. and Section 3/4 of D.P. Act, Police Station Kemari, District Rampur, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 23.1.2020 Anand Sri./-