Allowed

Firoj Ahamad and 3 Others v. State of U.P. and Another

Allahabad HC17 Aug 2022A482/2749/2021

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings initiated under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act. The court relied on the Apex Court leadership on settlement-based quashing, noting that the parties had amicably settled their dispute via mediation and agreed to reunite.

What did the court decide?

The entire proceedings of Complaint Case No. 1121 of 2019 under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act were quashed.

Firoj Ahamad and 3 Others Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 2749 of 2021

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Applicant :- Firoj Ahamad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Nadeem Ahmad,Sanjay Kumar Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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No one appears on behalf of the applicants to press this application under Section 482 Cr.P.C. Sri Ankit Srivastava, learned counsel for the State is present.

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The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel.

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The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to allow the present application and quash the entire proceeding of Complaint Case No. 1121 of 2019, Firoj Ahamad and others, under Section 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Maradah, District Ghazipur, and with the further prayer to stay the effect and operation of the impugned summoning order dated 5.2.2020 passed by the J.M., Ghazipur, during the pendency of present application.

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The matter was referred to the Mediation Centre of this Court vide order dated 4.2.2021 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 10.3.2022 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of interim settlement agreement dated 23.12.2021. Further the husband and the wife have decided to reunite and live together as stated in para- 7(a) of the settlement agreement.

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As per the office report dated 17.8.2022, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.

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From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated

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10.3.2022 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The husband and the wife have decided to reunite and live together as stated in para- 7(a) of the settlement agreement. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para- 7 (e) of the said mediation report.

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The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

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From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant(s).

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The present application is allowed.

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The entire proceedings of the aforesaid case is hereby quashed.

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Office is directed to communicate this order to the concerned court within two weeks from today.

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(Samit Gopal,J.)

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Order Date :- 17.8.2022 Naresh

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Digitally signed by NARESH KUMAR Date: 2022.08.18 18:29:05 IST Reason: Location: High Court of Judicature at Allahabad

Firoj Ahamad and 3 Others v. State of U.P. and Another

Case brief

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What did the court decide?

Firoj Ahamad and 3 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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