Allowed

Naushad and 4 Others v. State of U.P. and Another

Allahabad HC7 Dec 2020A482/15191/2020

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings instituted against them under Sections 498A, 323, 504, 506 IPC and Dowry Prohibition Act, alleging a mutual settlement between parties.

What did the court decide?

Quashed Case no. 6629 of 2019, arising out of Crime no. 0002 of 2019, pending before Judicial Magistrate, Moradabad.

Naushad and 4 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2020)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 15191 of 2020

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Applicant :- Naushad And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahboob Ahmad Siddiqui Counsel for Opposite Party :- G.A.,Faizul Hasan

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicants, Sri Faizul Hasan, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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The present 482 Cr.P.C. petition has been filed for quashing the proceeding of Case no.6629 of 2019, arising out of Case Crime no. 0002 of 2019, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Nagphani, district-Moradabad, pending in the court of Judicial Magistrate, Moradabad.

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Learned counsel for the applicant has argued that the parties have entered into compromise, copy of which has been filed as Annexure-3 to the affidavit accompanying present petition and the compromise has been duly verified by the learned trial court and a report about verified compromise has been sent by the Chief Judicial Magistrate, Moradabad, which is also taken on record.

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Sri Faizul Hasan, learned counsel for the opposite party no. 2 states that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case be finally decided.

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In view of the fact that the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

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Thus, in view of the well settled principles 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 Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another) , Case no.6629 of 2019, arising out of Case Crime no. 0002 of 2019, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Nagphani, district-Moradabad, pending in the court of Judicial Magistrate, Moradabad, is hereby set aside.

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The present application is accordingly allowed.

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Order Date :- 7.12.2020 R./

Naushad and 4 Others v. State of U.P. and Another

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Naushad and 4 Others v. State of U.P. and Another

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