Allowed

Shariq Ahmad Siddiqui and 2 Others v. State of U.P. and Another

Allahabad HC14 Nov 2018A482/17540/2016

Case brief

AI extract

What is this about?

This court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings following a settlement reached at the mediation centre between the parties. Relying on Supreme Court precedents regarding settlement, the court quashed the case.

What did the court decide?

Prosecution proceedings in Case Crime No. 49 of 2014 under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act were quashed.

Shariq Ahmad Siddiqui and 2 Others Vs State of U.P. and… — Domestic Violence | Allahabad HC (2018)

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Court No. - 60

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Case :- APPLICATION U/S 482 No. - 17540 of 2016

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Applicant :- Shariq Ahmad Siddiqui And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.B. Singh,Ajeet Kumar Shukla Counsel for Opposite Party :- G.A.,Kalim Uddin

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Hon'ble Neeraj Tiwari,J.

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Supplementary affidavit filed today by learned counsel for the applicants is taken on record.

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The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case Crime No. 49 of 2014, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, including Charge sheet dated 19.5.2016, P.S.Shahganj, District Allahabad, pending in the court of Judicial Magistrate-I, Allahabad.

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Heard learned counsel for the applicants and learned A.G.A. for the State. Learned counsel for opposite party no. 2 is not present.

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Submission of learned counsel for the applicants is that earlier present matter was referred to mediation centre but it was failed as parties were not willing for mediation. Thereafter, the proceedings were initiated by opposite party no. 2 under the Protection of Women From Domestic Violence Act and again matter was referred to mediation centre. Further submission is that now the matter is settled between the parties at Mediation Centre and in the settlement agreement, there is also reference of Case Crime No. 49 of 2014 filed under Section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, wherein it is mentioned that parties are agreed to withdraw the said criminal proceedings within a month from today.

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Further submission of learned counsel for the applicants is that this Court by order dated 7.9.2018 has allowed the Application U/S 482 No. 40160 of 2016 in which proceedings of Protection of Women From Domestic Violence Act, 2005 was under challenge and quashed the criminal proceeding. The report of Mediation and Conciliation Centre, High Court, Allahabad and settlement agreement dated 10.8.2017 is on record.

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Last submission of learned counsel for the applicants is that in light of report of Mediation Centre dated 10.8.2017 as well as settlement agreement dated 10.8.2017, this matter may also be

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decided and criminal proceeding may be quashed.

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I have considered the submission of learned counsel for the applicants.

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Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008 SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of Punjab) and reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another) , the proceedings of the aforesaid case are hereby quashed.

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The present application is, accordingly, allowed .

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Order Date :- 14.11.2018 RCT/-

Shariq Ahmad Siddiqui and 2 Others v. State of U.P. and Another

Case brief

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Shariq Ahmad Siddiqui and 2 Others v. State of U.P. and Another

Case brief

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