Allowed

Mohammad Javed and 4 Others v. State of U.P. and Another

Allahabad HC1 Apr 2022A482/4079/2022

Case brief

AI extract

What is this about?

This court allowed an application under Section 482 Cr.P.C. to quash the charge-sheet and summoning order. The quashing was based on a verified compromise dated 05.01.2022 between the parties, confirmed by the lower court, finding no purpose to keep proceedings pending.

What did the court decide?

The charge-sheet dated 13.04.2019 and summoning order dated 04.08.2021, including the entire criminal proceedings, were quashed in terms of the compromise.

Mohammad Javed and 4 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 4079 of 2022

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Applicant :- Mohammad Javed And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Istyak Khan Counsel for Opposite Party :- G.A.,Sheikh Saaduddin Sazaly

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the parties and gone through the record.

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The present petition under Section 482 Cr.P.C. has been filed for quashing of the charge-sheet dated 13.04.2019 and summoning order dated 04.08.2021 including entire criminal proceedings of Case No. 131 of 2021 arising out of Case Crime No. 305 of 2018, under Sections 498-A, 323, 504, 506 IPC & Section 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Prayagraj, pending in the court of Additional Civil Judge (Junior Division), court no. 21, Allahabad.

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Learned counsel for the petitioners has stated that the parties have amicably settled their dispute and have entered into a compromise on 05.01.2022.

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This Court vide its order dated 21.02.2022 has permitted the applicants/petitioners to file an application along with the compromise deed before the concerned court below for its verification and after the verification, the parties on filing of suitable application, shall also be given the certified copy of the report. It is further directed that the applicants/petitioners shall file the report of the concerned court regarding the verification of the compromise.

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Learned counsel for the applicants/petitioners and respondent no. 2 have jointly submitted that the compromise has been verified before the court below and in this regard, a supplementary afÏdavit has been filed by learned counsel for the applicants/petitioners, in compliance of the order of this Court dated 21.02.2022 which is taken on record.

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In the supplementary afÏdavit, the report dated 15.03.2022 submitted by the court below is annexed wherein it has been mentioned that the agreement was accepted by the parties and made signatures on the same. The parties were identified by their respective counsels and their photos and the signatures were also verified before the court at the time of verification of the compromise.

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Learned counsel for the petitioners has placed reliance in

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the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303]

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On the other hand, learned Additional Government Advocate and learned counsel for the respondent no. 2 have submitted that the compromise has been entered between the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof and charge sheet dated 13.04.2019 as well as summoning order dated 04.08.2021 may be quashed in terms of the compromise dated 05.01.2022.

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The compromise has been entered between the parties on 05.01.2022 and it has been verfied by the court below, report of which has been annexed at annexure no. SA-2 to the supplementary afÏdavit wherein all the petitioners and the respondent no. 2 are signatories. The said compromise has been verified by the Court below and on the basis thereof, a report dated 15.03.2022 has been prepared by the the Court below.

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Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 05.01.2022 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) and the discussions made hereinabove , there is no purpose to keep the proceedings pending before the trial court and hence, the charge-sheet dated 13.04.2019 and summoning order dated 04.08.2021 including entire criminal proceedings of Case No. 131 of 2021 arising out of Case Crime No. 305 of 2018, under Sections 498-A, 323, 504, 506 IPC & Section 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Prayagraj, pending in the court of Additional Civil Judge (Junior Division), court no. 21, Allahabad are hereby quashed in terms of the compromise dated 07.09.2021.

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The petition is allowed .

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Order Date :- 1.4.2022 Nitesh

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Digitally signed by NITESH KUMAR TEWARY Date: 2022.04.04 12:33:46 IST Reason: Location: High Court of Judicature at Allahabad

Mohammad Javed and 4 Others v. State of U.P. and Another

Case brief

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Mohammad Javed and 4 Others v. State of U.P. and Another

Case brief

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