Allowed

Jafar Hasan Anjum v. State of U.P. and Another

Allahabad HC20 Apr 2022A482/6651/2021

Case brief

AI extract

What is this about?

The High Court issued a Section 482 Cr.P.C. order to quash pending criminal proceedings under IPC and the Dowry Prohibition Act. Relying on a verified compromise between the husband and wife regarding matrimonial disputes, the court found the proceedings were against an individual and served no societal purpose upon settlement.

What did the court decide?

Proceedings under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act in Case No. 3012 of 2009 are quashed.

Jafar Hasan Anjum 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. - 6651 of 2021

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Applicant :- Jafar Hasan Anjum Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Jeet Yeadav Counsel for Opposite Party :- G.A.,Pranav Kumar Tripathi

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Hon'ble Manish Kumar,J.

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Heard Shri Chandra Jeet Yadav, learned counsel for the applicant, Shri Pranav Kumar Tripathi, learned counsel for the respondent no. 2 and gone through the record.

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The present petition under Section 482 Cr.P.C. has been filed seeking a direction to the learned Additional Civil Judge, Junior Division, IIIrd, Jaunpur to decide the Case No. 3012 of 2009, under Sections 498A, 323, 504 and 506 IPC and under Sections 3/4 of the Dowry Prohibition Act, Police Station Machhalishahr, District Jaunpur in pursuance of notary affidavit dated 08.08.2019 and compromise dated 13.01.2021 arrived in between applicant and respondent no. 2 presented on 13.01.2021 before the learned Court of Additional Civil Judge (Junior Division) IIIrd, Jaunpur.

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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 13.01.2021 (enclosed as annexure no. 6 to the present petition).

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This Court vide its order dated 24.08.2021 has referred the matter to the court below for the purpose of verification of the compromise dated 13.01.2021 entered into between the parties and after the verification of the compromise, an appropriate order with respect to the verification shall be passed by the court below and send a report to this Court.

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In compliance of the order of this Court dated 24.08.2021, the compliance report dated 06.09.2021 has been submitted by the Additional Civil Judge (Junior Division), New Court, IIIrd, Jaunpur mentioning therein that the complainant-Nageena Bano has been verified through Photograph and Aadhar Card and by her counsel before the court and she has admitted the compromise.

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The compliance report dated 06.09.2021 submitted by the Additional Civil Judge (Junior Division), New Court, IIIrd, Jaunpur is on record.

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Learned counsel for the petitioner has placed reliance in 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 Shri Pranav Kumar Tripathi, learned counsel for the respondent no. 2 have submitted that the compromise has been entered into between the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof may be quashed as the complainant and the applicant are wife and husband respectively and due to matrimonial disputes, the criminal case was registered as such, the proceedings of Case No. 3012 of 2009, under Sections 498A, 323, 504 and 506 IPC and under Sections 3/4 of the Dowry Prohibition Act, Police Station Machhalishahr, District Jaunpur, pending before the learned Court of Additional Civil Judge (Junior Division) IIIrd, Jaunpur may be quashed.

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After hearing learned counsel for the parties and going through the record, it is found that in the present case, the crime is against the individual and not against the society as the rival parties are husband and wife and the present criminal proceedings are arising out of dispute relating to matrimonial dispute.

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Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 13.01.2021 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 proceedings of Case No. 3012 of 2009, under Sections 498A, 323, 504 and 506 IPC and under Sections 3/4 of the Dowry Prohibition Act, Police Station Machhalishahr, District Jaunpur, pending before the learned Court of Additional Civil Judge (Junior Division) IIIrd, Jaunpur are hereby quashed in terms of the compromise dated 13.01.2021.

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The petition is hereby allowed .

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Order Date :- 20.4.2022 Ashish

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Digitally signed by ASHISH MISHRA Date: 2022.04.20 13:28:23 IST Reason: Location: High Court of Judicature at Allahabad

Jafar Hasan Anjum v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jafar Hasan Anjum v. State of U.P. and Another

Case brief

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What did the court decide?

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