Allahabad High Court
Waseem And 3 Others vs State Of U.P. And Another on 10 May, 2023
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:101149 Court No. - 33 Case :- APPLICATION U/S 482 No. - 17474 of 2023 Applicant :- Waseem And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashvni Mishra,Sandeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. The present application under Section 482 Cr.P.C. has been filed seeking quashing of entire proceedings of charge-sheet dated 23.03.2022 and cognizance order dated 22.07.2022 alongwith entire criminal proceeding of Case No.2653 of 2022 (State vs. Waseem and others) arising out of Case Crime No.284 of 2021 under Sections 498-A, 323 and 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Kotwali Nagar, District-Aligarh, pending in the Court of Additional Chief Judicial Magistrate-II, Aligarh.
2. Learned Counsel for the applicants submits that the dispute had arisen because of matrimonial discord between the parties, however, they have settled their dispute before the Mediation and Conciliation Centre at District Court, Aligarh and have arrived at a compromise on 21.09.2022, which has been placed on record with this application.
3. The complainant herself is the pairokar in the present application and she has sworn the affidavit in support of the present application.
4. I have considered the submissions of learned counsel for the parties.
5. Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.
6. In view of the fact that the parties have settled their dispute by way of compromise on 21.09.2022 arrived at between the parties and law laid down by the Supreme Court of India, the present application is allowed and proceedings of charge-sheet dated 23.03.2022 and cognizance order dated 22.07.2022 alongwith entire criminal proceeding of Case No.2653 of 2022 (State vs. Waseem and others) arising out of Case Crime No.284 of 2021 under Sections 498-A, 323 and 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Kotwali Nagar, District-Aligarh, pending in the Court of Additional Chief Judicial Magistrate-II, Aligarh are hereby quashed.
(Dinesh Kumar Singh, J.) Order Date :- 10.5.2023 Piyush/-