Allowed

Mohd. Kamil and 4 Ors. v. State of U.P. and 2 Others

Allahabad HC17 Sept 2021A482/6577/2020

Case brief

AI extract

What is this about?

Single judge allowed a Section 482 Cr.P.C. application quashing criminal proceedings instituted against applicants and their family members for matrimonial discord. The court relied on the mutual settlement and compromise between the parties, applying settled principles from the Apex Court to set aside the case as a personal dispute.

What did the court decide?

The proceedings of the criminal case against the applicants and their family members were set aside and the application was allowed.

Mohd. Kamil and 4 Ors. Vs State of U.P. and 2 Others — Matrimonial and Divorce | Allahabad HC (2021)

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Court No. - 85

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Case :- APPLICATION U/S 482 No. - 6577 of 2020

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Applicant :- Mohd. Kamil And 4 Ors Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.,Sandeep Kumar Srivastava

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Hon'ble Gautam Chowdhary,J.

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

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Heard learned counsel for the applicants, learned counsel for O.P. No.2 and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 31.12.2019 including cognizance order dated 23.1.2020 as well as entire criminal proceeding of case crime No. 355 of 2019, u/s 498A, 323, 504, 506 I.P.C., 3/4 D.P. Act and 3/4 Muslim Women (Protection of Rights on Marriage) Act against applicant No.1 and u/s 498A, 323, 504, 506 I.P.C., 3/4 D.P. Act against applicants No. 2 to 5, P.S.- Naugawan Sadat, District Amroha, pendign before C.J.M., Amroha.

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Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant No.1 and the opposite party no. 3. The present criminal case has been lodged against the applicant No.1 and his family members but that no real criminal offence had actually occurred.

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It is thus submitted that the present criminal prosecution has been lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties, with passage of time they have been able to resolve their differences.

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He further submits, at present, the opposite party no. 2 & 3 do not wish to press charge against the applicants.

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Learned counsel for the opposite party no. 2 & 3 does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, the verification order of Civil Judge (J.D.)/J.M., Amroha, filed by the applicants' counsel by way of supplementary affidavit, supports the contention advanced by learned counsel for the applicants.

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In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been

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mutually settled between the parties, in view of the compromise, 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) , the proceedings of the aforesaid case is hereby set aside.

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The present application is accordingly allowed .

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Order Date :- 17.9.2021 Vandana

Mohd. Kamil and 4 Ors. v. State of U.P. and 2 Others

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Mohd. Kamil and 4 Ors. v. State of U.P. and 2 Others

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