Allowed

Iqbal and 8 Others v. State of U.P. and Another

Allahabad HC24 Oct 2019A482/17182/2017

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act in a matrimonial dispute. The parties had settled all differences amicably and filed a mutual divorce affidavit with the Family Court, absolving the applicants from prosecution.

What did the court decide?

Quashing of criminal proceedings, charge-sheet dated 14.10.2015, and cognizance order dated 17.12.2015.

Iqbal and 8 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 17182 of 2017

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Applicant :- Iqbal And 8 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chaman Aara,Niraj Tripathi,Pooja Tripathi,Ram Raj Pandey Counsel for Opposite Party :- G.A.,Aditya Prasad Mishra,Ram Raj Pandey

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the parties as well as learned A.G.A. for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings arising out of Case Crime No. 34 of 2015, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police StationMahila Thana, District- Baghpat, pending in the Court of learned Chief Judicial Magistrate, Baghpat as well as the charge-sheet dated 14.10.2015 and cognizance order dated 17.12.2015.

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It is contended by learned counsel for the applicants that the matter relates to matrimonial dispute between applicants and opposite party no. 2; it is further argued that the parties have settled all their disputes and differences and agreed to take mutual divorce; in this behalf a divorce affidavit has been filed with mutual consent before the Principal Judge, Family Court, Baghpat ; the certified copy of the compromise and divorce affidavit have been annexed as Annexures- SA-1 & SA-2 to the supplementary affidavit.

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Learned counsel for the opposite party no.2 has submitted that as agreed upon Rs.6 lakhs have already been deposited by applicant no.1 before the Family Judge, the receipt whereof has been annexed as Annexure-3 to the supplementary affidavit. It is stated that both the parties have settled their dispute amicably and entered into compromise in all the cases pending between them and opposite party no.2 does not want to prosecute the applicants any more and has no objection, if the proceedings impugned in the present application are quashed in exercise of inherent power under Section 482 Cr.P.C.

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I have heard learned counsel for the parties and perused the averments made in the plaint which transpires that applicants and opposite party no.2 have settled all their differences and

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disputes amicably.

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Therefore, in view of the law laid down by the Hon'ble Apex Court in the case of B.S. Joshi vs State of Haryana (reported in 2003(4) SCC 675) as well as in the case of Gyan Singh vs State of Punjab (reported in SCC 2012, Vol. 10, Page 303) , the proceedings as well as the charge-sheet and cognizance order in the aforesaid case crime are hereby quashed.

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The present Criminal Misc. Application (U/s 482 Cr.P.C.), accordingly, stands allowed .

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A copy of this order be certified to the lower court forthwith.

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Order Date :- 24.10.2019 Vikas

Iqbal and 8 Others v. State of U.P. and Another

Case brief

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Iqbal and 8 Others v. State of U.P. and Another

Case brief

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