Allowed

Faizan Khan and 4 Others v. State of U.P. and Another

Allahabad HC2 Nov 2022A482/35204/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad quashed criminal proceedings under Sections 498-A, 323, 504, 506 IPC, and Dowry Prohibition Act arising from a matrimonial dispute. Relying on established apex court precedents, the court allowed an application filed under Section 482 Cr.P.C. where a verified compromise dated 04.08.2022 had been effected between the family members, holding that no useful p

What did the court decide?

The entire proceedings of Case No. 32533 of 2016 (State Vs. Faizan Khan and Others) under various criminal sections pending in Court of C.J.M. Agra are quashed.

Faizan Khan and 4 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 35204 of 2022

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Applicant :- Faizan Khan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Hussain,Byas Kumar Prasad

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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 by the applicants with a prayer to quash the ChargeSheet dated 05.03.2016 and entire proceedings of Case No. 32533 of 2016 (State Vs. Faizan Khan and Others), arising out of Case Crime No. 826 of 2015, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Sadar Bazar, District Agra, pending in the court of Chief Judicial Magistrate, Agra, on the basis of compromise dated 04.08.2022.

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Learned counsel for the applicants has submitted that in the present case, opposite party no.2 is the wife of applicant no.1 and on account of matrimonial discord, present criminal case has been instituted against the applicants, however subsequently, with the intervention of the respected members of the society as well as well wishers of both the families, applicants and the opposite party no.2 have amicably settled all their disputes and differences in order to maintain harmonious and cordial relations between them and a settlement agreement dated 04.08.2022 has also been drawn between them and as per the settlement, the parties have decided to live separately and lead a peaceful life.

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It is germane to point out here that the applicants had earlier approached this Hon'ble Court by filing an Application U/s 482 CrPC No. 20484 of 2022 (Faijan Khan and 4 Others Vs. State of U.P. and Another) and this Court vide order dated 15.07.2022 had directed both the parties to appear before the court below along with an application for compromise as well as certified copy of the order dated 15.07.2022 within two weeks and the court below was directed to verify the compromise made between the parties and pass appropriate orders.

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Pursuant to the said order dated 15.07.2022, both the

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parties appeared before the court below and their settlement agreement dated 04.08.2022 was verified and order dated 04.08.2022 has been passed by learned Chief Judicial Magistrate, Agra, which has been annexed as Annexure No.4 to this application.

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Learned counsel for the applicants has next submitted that in view of the compromise dated 04.08.2022 made between the parties as well as order dated 04.08.2022 passed by the court below, no fruitful purpose would be served in prolonging the litigation between the parties and in order to give quietus to the matrimonial dispute between the parties, the entire proceedings be quashed.

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Per contra, learned AGA also could not dispute the aforesaid facts and has submitted that pursuant to the order dated 15.07.2022 passed by co-ordinate Bench of this Court in Application U/s 482 CrPC No. 20484 of 2022, the compromise entered into between the parties has already verified by the court below and no fruitful purpose would be served in prolonging the litigation between the parties.

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

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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].

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Manoj Sharma Vs. State and others ( 2008) 16 SCC 1. 4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

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

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Wherein Hon'ble 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 Hon'ble 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 learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

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Accordingly, the entire proceedings of Case No. 32533 of

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2016 (State Vs. Faizan Khan and Others), arising out of Case Crime No. 826 of 2015, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Sadar Bazar, District Agra, pending in the court of Chief Judicial Magistrate, Agra, on the basis of compromise dated 04.08.2022, are hereby quashed.

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This application under Section 482 CrPC is accordingly allowed.

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Order Date :- 2.11.2022 Nadim

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Digitally signed by NADIM ALAM Date: 2022.11.02 17:37:46 IST Reason: Location: High Court of Judicature at Allahabad

Faizan Khan and 4 Others v. State of U.P. and Another

Case brief

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Faizan Khan and 4 Others v. State of U.P. and Another

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