Allowed

Tariq @ Babli and 6 Others v. State of U.P. and Another

Allahabad HC16 May 2022A482/16772/2021

Case brief

AI extract

What is this about?

The High Court quashed the charge sheet in a matrimonial matter arising under Sections 498-A and 323 IPC. The court held that as the dispute was purely personal and had been mutually settled between the parties as verified by the trial court, no useful purpose would be served by continuing the prosecution.

What did the court decide?

Charge sheet dated 03.04.2020 in Case No.4180 of 2020 arising under Sections 498-A and 323 IPC was quashed.

Tariq @ Babli and 6 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 42

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Case :- APPLICATION U/S 482 No. - 16772 of 2021

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Applicant :- Tariq @ Babli And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Yadav Counsel for Opposite Party :- G.A.,Rohit Kumar Pandey

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants; learned Additional Government Advocate for the State of U.P./opposite party no.1; Sri Rohit Kumar Pandey, learned counsel for opposite party no. 2 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 03.04.2020 in Case No.4180 of 2020, arising out of Case Crime No.774 of 2019, under Sections 498-A, 323 I.P.C. and 3/4 D.P. Act, P.S. Kotwali Shahar, District Bulandshahar pending in the court of Chief Judicial Magistrate, Bulandshahr.

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Vide order dated 18.02.2022, following order was passed:

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"Heard learned counsel for the applicants, Sri Rohit Kumar Pandey, learned counsel for the O.P. No. 2 as well as learned A.G.A. for the State and perused the record.

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Learned counsel for the applicants submits that the parties have entered into a compromise as a subject matter of dispute is matrimonial. The terms and conditions have been entered into a compromise which is Annexure No. 6.

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Learned counsel for the O.P. No. 20 has acknowledged the aforesaid facts.

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Considering the rival submissions of the parties and the fact that parties have negotiated the matter and have reached a compromise which they have already filed before the trial court. The parties will appear before the trial court within a period of three weeks for verification of the compromise. The Trial Judge shall forward to this Court a duly verified copy of the compromise entered into between the parties along with a copy of his order after verifying the compromise which shall be before the next date fixed.

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List on 24.03.2022 as fresh.

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Till the next date of listing, no coercive steps shall be taken against the applicants in Case No. 4180 of 2020 (State Vs. Tariq @ Babli and others) arising out of Case Crime No. 774 of 2019, under Sections 498A, 323 IPC and 3/4 D.P. Act, P.S. Kotwali Shahar, District Bulandshahar pending in the Court of the C.J.M. Bulandshahar.

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Office will ensure the compliance of the aforesaid order and will transmit the copy of the compromise along with copy of the order to the trial court through the concerned Session Judge within three days."

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In view of the order dated 18.02.2022, the Chief Judicial Magistrate, Bulandshahr submitted a report before this Court vide letter dated 05.03.2020 and summoned both the parties.

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Thereafter the parties were appeared before the C.J.M. and entered into compromise. The same was verified by the court concerned, which is clear from the order dated 22.02.2022 (Annexure S.A.-1 to the supplementary affidavit).

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In view of the fact that the dispute appears to be purely of a personal nature being matrimonial discord that has been mutually settled between the parties, to their entire satisfaction, no useful purpose would be served in allowing the prosecution to continue any longer.

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Thus, in view of the settlement between the parties, the charge sheet dated 03.04.2020 in Case No.4180 of 2020, arising out of Case Crime No.774 of 2019, under Sections 498-A, 323 I.P.C. and 3/4 D.P. Act, P.S. Kotwali Shahar, District Bulandshahar, pending in the court of Chief Judicial Magistrate, Bulandshahr, is hereby, quashed.

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The application under Section 482 Cr.P.C., is accordingly, allowed .

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Order Date :- 16.5.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.05.17 14:53:36 IST Reason: Location: High Court of Judicature at Allahabad

Tariq @ Babli and 6 Others v. State of U.P. and Another

Case brief

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Tariq @ Babli and 6 Others v. State of U.P. and Another

Case brief

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