Allowed

Anis and 7 Others v. State of U.P. and Another

Allahabad HC3 Mar 2023A482/21015/2018

Case brief

AI extract

What is this about?

The Allahabad High Court quashed criminal proceedings under Sections 498-A, 323, 506 IPC and Dowry Prohibition Act constituted due to a matrimonial dispute, relying on a verified compromise deed dated 15.02.2023 and citing Supreme Court precedents allowing quash in matrimonial cases involving cognizable offences.

What did the court decide?

Proceedings of Case No. 340 of 2018 arising from Case Crime No. 183 of 2017 and the impugned charge-sheet dated 30.01.2018 are quashed.

Anis and 7 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 21015 of 2018

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Applicant :- Anis And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A., Ashok Kumar Garg

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Hon'ble Umesh Chandra Sharma, J.

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Heard Sri Ajay Kumar, learned counsel for the applicants, Sri Harish Chandra Gupta, Advocate, holding brief of Sri Ashok Kumar Garg, learned counsel for the respondent no. 2, learned A.G.A. for the State and perused the record.

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This application has been moved with the prayer to quash the impugned charge-sheet dated 30.01.2018 in Case No. 340 of 2018 - (State Vs. Anis & others) , arising out of Case Crime No. 183 of 2017, under Sections 498-A, 323, 506 I.P.C and 3/4 Dowry Prohibition Act, Police Station Railway Road, District Meerut on the basis of compromise deed dated 15.02.2023.

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In compliance of the previous order passed on 24th January, 2023, the parties appeared in the concerned court and compromise deed has been verified on 06th February, 2013. After verification a copy of the verified compromise deed alongwith the verification order dated 20th February,2023 has been submitted by the concerned court. It is a matrimonial dispute under Sections 498-A, 323, 506 I.P.C and 3/4 Dowry Prohibition Act.

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Learned counsel for the applicants and learned counsel for the opposite party no. 2 submits that parties settled the matter by way of compromise, copy of the report of verified compromise deed is filed today before the Court, hence proceeding and impugned order is liable to be quashed.

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The attention of this Court has been drawn to the following judgements of the Apex Court:-

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1. B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675.

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2. Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

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3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

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4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

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5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

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In the aforesaid cases, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another, 2013 (83) ACC 278 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

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Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned cases.

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In view of the above, the proceedings of the aforesaid Case are hereby, quashed.

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The application is, accordingly, allowed.

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Order Date :- 3.3.2023 Vinod.

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

Anis and 7 Others v. State of U.P. and Another

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Anis and 7 Others v. State of U.P. and Another

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