Allowed

Parvej Alam and 4 Others v. State of U.P. and Another

Allahabad HC3 Jan 2023A482/26032/2022

Case brief

AI extract

What is this about?

Single judge bench allowed application under Section 482 Cr.P.C. to quash criminal proceedings for Sections 498A, 323, 504 IPC and 3/4 D.P. Act. The bench noted a verified family court compromise and payment of security amount, ordering quashing of proceedings.

What did the court decide?

The entire proceedings of criminal case no. 841 of 2022 and summoning order dated 21.4.2022 are quashed.

Parvej Alam and 4 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

¶1

Court No. - 71 Case :- APPLICATION U/S 482 No. - 26032 of 2022 Applicant :- Parvej Alam And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Tripathi Counsel for Opposite Party :- G.A.,Shahabuddin,Syed Mohammad Nawaz

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard the learned counsel for the applicants, learned counsel for the opp.party no. 2 as well as learned A.G.A. for the State and perused the record.

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By means of this application under section 482 Cr.P.C., the applicants seeks to invoke the inherent jurisdiction of this court to quash the entire proceedings of criminal case no. 841 of 2022, State Vs.Pravej Alam and others, arising out of chargesheet dated 16.10.2021 in case crime no. 583 of 2021, under sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, police station chandpur, District Bijnor as well as summoning order dated 21.4.2022 passed by Civil Judge (JD)/ Judicial Magistrate, Bijnor.

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In compliance of the order of this court, a joint affidavit of Mohd Arif and Parvej Alam has been placed before the court and a draft no. 002323 dated 29.11.2022 of Rs. 1,75,000/- is handed over by the learned counsel for the applicants to the learned counsel for the opp. party no. 2 before the court today. The settlement deed executed between the parties before the Family Court Saket (South East) New Delhi is placed before the court, as per clause-5 of this deed, the applicants had to pay Rs. 1,75,000/- to wife/ opp. party no. 2 at the time of quashing the present FIR registered under sections 498-A, 323, 504 I.P.C. and 3/4 D.P. Act, police station chandpur, District Bijnor.

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As the parties have arrived at a compromise which is verified by the Family Court Saket (South East) New Delhi whereby the parties have decided to live separately and baby girl born out of their wedlock would stay with her mother, the amount agreed to be paid as per compromise deed has been received by the counsel of the opp. party no. 2 by mode of draft no. 002323 dated 29.11.2022 of Rs. 1,75,000/-, hence, the entire proceedings of criminal case no. 841 of 2022, State Vs.Pravej Alam and others, arising out of chargesheet dated 16.10.2021 in case crime no. 583 of 2021, under sections 498-A, 323, 504 I.P.C. and 3/4 D.P. Act, police station chandpur, District Bijnor as well as summoning order dated 21.4.2022 passed by Civil Judge (JD)/ Judicial Magistrate, Bijnor are hereby quashed.

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The application u/s 482 Cr.P.C. is allowed.

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Order Date :- 3.1.2023 Gss

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Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad

Parvej Alam and 4 Others v. State of U.P. and Another

Case brief

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Parvej Alam and 4 Others v. State of U.P. and Another

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