Allowed

Rafiullah @ Nagedu and 2 Others v. State of U.P.and Another

Allahabad HC16 Nov 2022A482/3855/2020

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings. The court held that an amicable settlement and compromise agreement rendered the continuation of trials futile and contrary to justice, especially in a matrimonial dispute.

What did the court decide?

The entire criminal proceedings in Complaint Case No. 2041 of 2019 are quashed.

Rafiullah @ Nagedu and 2 Others Vs State of… — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 3855 of 2020

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Applicant :- Rafiullah @ Nagedu And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Shamasul Eslam Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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Learned counsel for the applicants and learned counsel for the O.P. No. 2 are present.

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The matter was referred for mediation vide order dated 13.2.2020. The parties have settled the matter through compromise and settlement agreement has been entered between the parties which has been sent with the report of mediation centre. The dispute between the parties is matrimonial in nature and parties have agreed to withdraw the cases against each other.

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This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 7.8.2019 passed by A.C.J.M., Court No. 10, Azamgarh in Complaint Case No. 2041 of 2019 (Faiyaz Ahmad Vs. Rafiullah @ Nagedu and others) under Sections 406, 504, 506 IPC, P.S. Mubarakpur, District Azamgarh pending in the court of Additional Chief Judicial Magistrate, Court No. 10, Azamgarh.

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The opposite party no.2 lodged an FIR Complaint Case No. 2041 of 2019, under Sections 406, 504, 506 IPC, P.S. Mubarakpur, District Azamgarh against the applicants. After submission of charge-sheet, proceedings has been initiated against the applicants and the matter is pending in the court of learned Chief Judicial Magistrate, Azamgarh.

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Both the parties have entered into amicable settlement. The fact of compromise has been confirmed and admitted by learned counsels for the parties.

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A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58):-

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"58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to

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an end and peace is resorted; securing the ends of justice being the ultimate guiding factor."

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Where matters are also of civil nature. The court may consider "special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties. [Vide: Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692].

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Keeping in mind the position of law and facts, circumstances of the case, the present application under Section 482 Cr.P.C. stands allowed.

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The entire proceedings relating to aforementioned case is hereby quashed.

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The parties may file the copy of this order before the court concerned within two weeks from today.

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Order Date :- 16.11.2022 Masarrat

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Digitally signed by MASARRAT HUSAIN Date: 2022.11.16 16:47:19 IST Reason: Location: High Court of Judicature at Allahabad

Rafiullah @ Nagedu and 2 Others v. State of U.P.and Another

Case brief

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Rafiullah @ Nagedu and 2 Others v. State of U.P.and Another

Case brief

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