Allowed¶29

Musahid Khan and 6 Others v. State of U.P. and Another

Allahabad HC4 Apr 2023A482/21147/2022

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application; compromise between parties; verification of compromise by Chief Judicial Magistrate; cognizable and non-compoundable offences; Sections 498-A, 323, 506 I.P.C.; Sections 3/4 D.P. Act; matrimonial dispute; Case Crime No.744 of 2019; Criminal Case No.2869 of 2022; Police Station Izzat Nagar, District Bareilly; charge sheet dated 03.07.2020; cognizance order dated 11.05.2022; no coercive action; B.S. Joshi; Nikhil Merchant; Manoj Sharma; Gian Singh; Narindra Singh; Shaifullah; no order as to costs; High Court of Judicature at Allahabad.

What did the court decide?

Entire proceedings of Criminal Case No.2869 of 2022 (State Vs. Musahid Khan and others), arising out of Case Crime No.744 of 2019, pending before the Chief Judicial Magistrate, Bareilly quashed; no order as to costs. ¶29

Musahid Khan and 6 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire criminal proceedings in Criminal Case No.2869 of 2022, arising out of Case Crime No.744 of 2019, are liable to be quashed in view of the compromise entered into between the parties and verified by the Magistrate. +1 more

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Court's answer

No useful purpose would be served by prolonging the proceedings of Criminal Case No.2869 of 2022 as the parties have already settled their dispute.

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Ratio / Principle

The proceedings of Criminal Case No.2869 of 2022 (State Vs. Musahid Khan and others), arising out of Case Crime No.744 of 2019, pending in the court of the learned Chief Judicial Magistrate, Bareilly are quashed.

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Detailed headnote1 paragraphs

Allahabad High Court (Shiv Shanker Prasad, J.) allowed an application under Section 482 Cr.P.C. and quashed the charge sheet dated 03.07.2020, the cognizance order dated 11.05.2022 and the entire proceedings of Criminal Case No.2869 of 2022 (State Vs. Musahid Khan and others), arising out of Case Crime No.744 of 2019 under Sections 498-A, 323, 506 I.P.C. and Sections 3/4 D.P. Act, Police Station Izzat Nagar, District Bareilly, pending before the Chief Judicial Magistrate, Bareilly. After the parties reconciled their differences and executed a written compromise deed, the High Court by interim order dated 02.08.2022 (with no coercive action in the interregnum) directed verification of the compromise before the trial court; the Chief Judicial Magistrate verified it vide order dated 03.09.2022. Counsel for opposite party no.2 stated he had no objection to quashing. Relying on the Apex Court judgments in B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narindra Singh, and referring to Shaifullah (Allahabad High Court), the Court held that no useful purpose would be served by prolonging the proceedings as the parties had already settled their dispute, and accordingly quashed the proceedings, with no order as to costs.

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 21147 of 2022

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Applicant :- Musahid Khan And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ishwar Chandra Tyagi,Ram Charan Lal

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Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the materials on record.

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This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 03.07.2020 along with cognizance order dated 11.05.2022 as well as entire proceedings in Criminal Case No.2869 of 2022 (State Vs. Musahid Khan and others), arising out of Case Crime No.744 of 2019, under Sections 498-A, 323, 506 I.P.C. and Sections 3/4 D.P. Act, Police Station- Izzat Nagar, District- Bareilly, pending in the court of learned Chief Judicial Magistrate, Bareilly.

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On 02.08.2022, the Court has passed following order:

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"Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 03.07.2020 along with cognizance order dated 11.05.2022 as well as entire proceeding in Criminal Case No.2869 of 2022 (State Vs. Musahid Khan and others), arising out of Case Crime No.744 of 2019, under Sections 498A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Izzat Nagar, District- Bareilly, pending in the court of learned Chief Judicial Magistrate, Bareilly.

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Learned counsel for the applicants submits that since cognizance has been taken against the applicants on 11.05.2022, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing, copy of compromise deed has been annexed as Annexure-4 to the affidavit.

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Accordingly, it is directed that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for

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verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below shall send a report to this Court along with verified compromise.

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List this case on 17.11.2022 in the additional cause list.

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Only till then no coercive action shall be taken against the applicants in the aforesaid case."

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Pursuant to the above order, the learned Chief Judicial Magistrate, Bareilly vide order dated 03.09.2022 has verified the compromise so entered into between the parties. Certified copies of the order of the learned Chief Judicial Magistrate, Bareilly vide order dated 03.09.2022 and the compromise have been annexed alongwith the order sheet.

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Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the concerned Magistrate, the entire proceedings of the aforesaid case are liable to be quashed.

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Learned counsel for opposite party no.2 has also not denied the aforesaid facts. On instructions received from opposite party no.2, he submits that he has no objection, if the proceedings in the aforesaid case are quashed.

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This Court is not unmindful of the following judgements of the Apex Court:

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B.S. Joshi and others Vs. State of Haryana and Another ; (2003)4 SCC 675,

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Nikhil Merchant Vs. Central Bureau of Investigation ; (2008) 9 SCC 677,

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Manoj Sharma Vs. State and Others ; (2008) 16 SCC 1,

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

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

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In the aforesaid judgments, 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

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in Shaifullah and Others Vs. State of U.P. & 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 shall be served by prolonging the proceedings of the above mentioned case as the parties have already settled their dispute.

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Accordingly, the proceeding of Criminal Case No.2869 of 2022 (State Vs. Musahid Khan and others), arising out of Case Crime No.744 of 2019, under Sections 498A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Izzat Nagar, DistrictBareilly, pending in the court of learned Chief Judicial Magistrate, Bareilly are hereby quashed.

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The application is, accordingly, allowed. There shall be no order as to costs.

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Order Date :- 4.4.2023 Anurag/-

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

Musahid Khan and 6 Others v. State of U.P. and Another

Case brief

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Musahid Khan and 6 Others v. State of U.P. and Another

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