Allahabad High Court
Mohd. Mohiuddin And Others vs State Of U.P.And Another on 9 August, 2010
Court No. - 53 Case :- APPLICATION U/S 482 No. - 33795 of 2008 Petitioner :- Mohd. Mohiuddin And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Meraj Ahmad Khan,Moeezuddin Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
1. The learned counsel for the applicant Mr. Meraj Ahmad Khan and the learned counsel for the respondent No2. Mr. Sikandra Razai submitted that the mediation has succeeded and both the parties have settled their disputes and decided to close all the litigations including present one and are living separately.
2. The Apex Court has dealt with the consequence of a compromise in regard to non- compoundable offences in the case of B.S. Joshi and others vs. State of Haryana and another (2003) 4 SCC 675 and has held as follows:
"If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power. Thus, the High Curt on exercise of its inherent power can quash criminal proceedings or FIR or complaint and section 320 of the Code does not limit or affect the powers under section 482 of the Code."
3. The principles of law propounded in B. S. Joshi's case has been applied with approval in the case of Nikhil Merchant v. CBI and another (2008) 9 SCC 650.
4. In CBI Vs. Duncans Agro Industries Ltd.(1996) 5 SCC 591 the Apex Court upheld the order of the High Court quashing the criminal complaint after the civil action had been compromised between the parties. No doubt, Duncans Agro case (supra) was in regard to the offence under section 420 IPC, which was compoundable but the principles of quashment of the criminal proceeding on the basis of compromise was evolved.
5. When the parties have settled their disputes and decided to close the present case then it would be a futile exercise to proceed with the case.
6. The instant petition is allowed, consequently, the proceedings of criminal case no. 4150 of 2007 (State Vs. Mohiuddin and others) under sections 498A, 506 IPC and 3/4 of the Dowry Prohibition Act, P.S. Phoolpur, District Allahabad are quashed.
Order Date :- 9.8.2010 MTA