Allowed

Rauf and 5 Others v. State of U.P. and Another

Allahabad HC27 May 2019A482/20908/2019

Case brief

AI extract

What is this about?

Single judge quashed criminal proceedings filed against applicants following a matrimonial dispute, directing quashing under Section 482 Cr.P.C. in light of a compromise affidavit filed by parties and referencing the Social Action Forum Supreme Court precedent.

What did the court decide?

Quashed the entire proceedings of Complaint Case No. 2432 of 2018 under Sections 323, 392, 452, 504, 506 IPC.

Rauf and 5 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 20908 of 2019

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Applicant :- Rauf and 5 Others Opposite Party :- State of U.P. And Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Vakalatnama filed today by Sri Ajay Kumar Mishra, Advocate on behalf of opposite party No. 2 (Smt. Firdosh) is taken on record.

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Heard learned counsel for the applicants and the learned A.G.A., for the State of U.P., and learned counsel appearing for the opposite party No. 2.

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This application under Section 482 Cr.P.C., has been filed for quashing the entire proceedings of Complaint Case No. 2432 of 2018 (Smt. Firdosh Vs. Rauf and others) under Sections 323, 392, 452, 504, 506 IPC, Police Station Amroha Nagar, District J.P. Nagar (Amroha), pending in the court of A.C.J.M.-II, J.P. Nagar (Amroha).

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Learned counsel for both the parties contended that the daughter of applicant No. 1 was married with son of opposite party No. 2 (Smt. Firdosh).

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Certified copy of the compromise filed by the opposite party No. 2 (Smt. Firdosh) and applicants has been filed by the learned counsel for the applicants. Learned counsel for the opposite party No. 2 admitted this fact that both the parties have filed compromise affidavit before the Trial Court.

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In this case, matter has been amicably settled between the parties, therefore, no fruitful purpose would be served in keeping this matter pending any further.

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In view of the law laid down by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another Vs. Union of India reported in 2018 SCC Online SC 1501, the entire proceedings of Complaint Case No. 2432 of 2018 (Smt. Firdosh Vs. Rauf and others) under Sections 323, 392, 452, 504, 506 IPC, Police Station Amroha Nagar, District J.P. Nagar (Amroha), pending in the court of A.C.J.M.-II, J.P. Nagar (Amroha) is hereby quashed.

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Accordingly application under Section 482 Cr.P.C., is allowed.

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Order Date :- 27.5.2019 Jaswant

Rauf and 5 Others v. State of U.P. and Another

Case brief

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Rauf and 5 Others v. State of U.P. and Another

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