Allowed¶10

Abul Hashim and 3 Others v. State of U.P. and Another

Allahabad HC11 Jan 2023A482/15181/2018

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing; summoning order dated 29.09.2016 in Complaint Case No. 1944 of 2015 under Sections 323/34, 504, 506 IPC, P.S. Dudhara, District Sant Kabeer Nagar quashed; prosecution arose from matrimonial discord between Aaisha Hashim and opposite party no.2; compromise in writing dated 06.09.2018; related Section 125 Cr.P.C. Case No. 392 of 2014 (Aaisha Hashim vs. Belal Umar) dropped by order dated 08.09.2018, Additional Family Judge, Fast Track Court No.2, Mau; complainant since deceased; applicants are her close family relatives; application allowed, entire proceedings quashed. Bench: Saumitra Dayal Singh, J.; decided 11.1.2023.

What did the court decide?

Quashing of the summoning order dated 29.09.2016 and the entire proceedings of Complaint Case No. 1944 of 2015 under Sections 323/34, 504, 506 I.P.C. ¶10

Abul Hashim and 3 Others Vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Quashing of the summoning order dated 29.09.2016 and the entire proceedings of Complaint Case No. 1944 of 2015 under Sections 323/34, 504, 506 I.P.C.

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Issue for consideration

Whether the summoning order dated 29.09.2016 and the entire proceedings of Complaint Case No. 1944 of 2015 (Sections 323/34, 504, 506 I.P.C.) should be quashed, the prosecution having arisen out of matrimonial discord since settled between the parties, the de facto complainant Ms. Aaisha Hashim having died, and the applicants (her close family relatives) praying that the prosecution be withdrawn.

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Court's answer

The present application is allowed; the summoning order dated 29.09.2016 as well as the entire proceedings of Complaint Case No. 1944 of 2015 are quashed.

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Ratio / Principle

The present prosecution had emerged on the matrimonial discord of the daughter of applicant no.1 with the opposite party no.2.

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Key takeaways

That matrimonial discord was settled between those parties, and the other criminal proceedings arising from such matrimonial discord were also dropped.ratio¶9

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Saumitra Dayal Singh, J.; order dated 11.1.2023) allowed an application under Section 482 Cr.P.C. seeking quashing of the summoning order dated 29.09.2016 in Complaint Case No. 1944 of 2015 under Sections 323/34, 504, 506 I.P.C., Police Station Dudhara, District Sant Kabeer Nagar. The Court found that the prosecution had emerged on the matrimonial discord between Ms. Aaisha Hashim (daughter of applicant no.1) and opposite party no.2; during her lifetime a compromise was reduced to writing on 06.09.2018, on whose strength her proceedings under Section 125 Cr.P.C. (Case No. 392 of 2014, Aaisha Hashim vs. Belal Umar) were dropped by order dated 08.09.2018 of the Additional Family Judge, Fast Track Court No.2, Mau. Ms. Aaisha Hashim was stated to be dead. Though the applicants, her close family relatives, prayed for withdrawal of the prosecution, the Court quashed the summoning order and the entire proceedings of the complaint case.

Abul Hashim and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Abul Hashim and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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