Allowed

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

Allahabad HC19 Dec 2022A482/30190/2022

Case brief

AI extract

What is this about?

The Allahabad High Court quashed criminal proceedings instituted under Sections 498-A IPC and the Muslim Women Protection of Rights Act due to a voluntary settlement between parties arising from matrimonial discord. Compromise was deemed valid and useful purpose of continuing prosecution negated.

What did the court decide?

Entire proceedings of Criminal Case No. 5176 of 2022 under Sections 498-A, 323, 504, 506 IPC and Sections 3 & 4 of the Muslim Women Act quashed.

Irshad and 4 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 84 Case :- APPLICATION U/S 482 No. - 30190 of 2022 Applicant :- Irshad And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the summoning order dated 6.7.2022 as well as entire proceedings of Criminal Case No. 5176 of 2022 (State Vs. Irshad & others) arising out of Case Crime No. 146 of 2022, under Sections 498-A, 323, 504, 506 IPC and Section 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, P.S. Bilaspur, District- Rampur, pending in the court of Chief Judicial Magistrate, Rampur.

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Learned counsel for the applicants has submitted that on account of matrimonial discord, instant criminal proceedings was instituted against the applicants by the opposite party No. 2, however with the intervention of the respected members of both the families, they have amicably settled all their disputes and differences and both have decided to live separately.

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Learned counsel for the applicants has next submitted that a settlement-agreement dated 6.9.2022 has been drawn between the parties, a copy of which has been annexed as Annexue No. 4 to this application. An amount of Rs. 25,000/- has already been paid to the opposite party No. 2 in lieu of all her claims and dues.

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This court vide order dated 27.9.2022 had directed the parties to appear before the court below and to file the compromise, which shall be verified in the presence of the parties and after verification, a report shall be submitted by the trial court.

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Pursuant to the order dated 27.9.2022, both the parties appeared before the trial court on 4.11.2022 and filed the settlementagreement made between the parties, which in presence of both the parties, was verified by the trial court and order dated 4.11.2022 has been passed clearly stating therein that the said compromise has been made with the consent of the parties without any coercion and undue influence, a copy of which has been filed as Annexure- SA-1 to the supplementary affidavit.

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Learned counsel for the applicants has next submitted that in view of the compromise made between the parties, entire proceedings be quashed.

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Learned AGA could not dispute the compromise made between the parties.

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This Court is not unmindful of the judgements of the Apex Court in the cases of :-

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1. B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675.

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2. Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

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3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

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4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

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5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

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Wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

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Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

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Accordingly, the entire proceedings of Criminal Case No. 5176 of 2022 (State Vs. Irshad & others) arising out of Case Crime No. 146 of 2022, under Sections 498-A, 323, 504, 506 IPC and Section 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, P.S. Bilaspur, District- Rampur, pending in the court of Chief Judicial Magistrate, Rampur, are hereby quashed.

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This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.

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Order Date :- 19.12.2022 KU

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Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.12.20 18:53:10 IST Reason: Location: High Court of Judicature at Allahabad

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

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

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