Allowed

Irtaja and 3 Others v. State of U.P. and Another

Allahabad HC29 May 2023A482/10662/2022

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings arising from a matrimonial dispute involving Sections 498-A and related offenses. The court noted that the parties had amicably settled the dispute and filed a compromise deed, which was verified by the trial court.

What did the court decide?

Quashing of charge sheet dated 14.08.2021, cognizance order dated 17.09.2021, and entire proceedings of Criminal Case No. 15587 of 2021.

Irtaja and 3 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:119771

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 10662 of 2022

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Applicant :- Irtaja And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jamaluddin Mohd. Nasir Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Copy of the verification order dated 12.07.2023 produced by learned counsel for the applicants, today in the Court, the same is taken on record.

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Heard learned counsel for the applicants and learned counsel for opposite party no.2 as well as material available on record.

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The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 14.08.2021 and cognizance order dated 17.09.2021 as well as the entire proceedings of Criminal Case No. 15587 of 2021(State Vs. Irtaja and Ors.) arising out of Case Crime No. 128 of 2021, under Sections- 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Muzaffar Nagar, pending in the court of learned Civil Judge (Junior Division)/ F.T.C., District Muzaffar Nagar.

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The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise deed before the Court below. Thereafter, this Court, vide order 27.05.2022, has sent the said compromise deed to the trial court with a direction to get the same verified and submit a report.

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Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise deed and the same has been verified by the trial Court, vide order dated 12.07.2022, kept on record of this case.

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In the present case, the sections involved are Sections498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act.

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Learned counsel for the opposite party no.2 has submitted that the parties in dispute are not interested to pursue the criminal case.

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Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, the entire proceedings of Criminal Case No. 15587 of 2021(State Vs. Irtaja and Ors.) arising out of Case Crime No. 128 of 2021, under Sections- 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Muzaffar Nagar, pending in the court of learned Civil Judge (Junior Division)/ F.T.C., District Muzaffar Nagar are hereby quashed.

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Accordingly, the instant application is allowed.

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Order Date :- 29.5.2023// Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Irtaja and 3 Others v. State of U.P. and Another

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Irtaja and 3 Others v. State of U.P. and Another

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