Allowed

Dilshad Khan and 7 Others v. State of U.P. and Another

Allahabad HC9 Feb 2023A482/2634/2023

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking to quash proceedings for mental harassment and cruelty, the Court quashed the case after noting a post-settlement between the parties leading to a peaceful relationship.

What did the court decide?

The entire proceedings of the complaint case filed against the applicants under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act are hereby quashed.

Dilshad Khan and 7 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 2634 of 2023

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Applicant :- Dilshad Khan And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Tiwari Counsel for Opposite Party :- G.A.,Ajay Vikram Singh

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Atul Kumar Tiwari, learned counsel for the applicants, Sri Ajay Vikram Singh, learned counsel for the opposite party no. 2, Sri S.B. Maurya, learned counsel for the State and perused the records.

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Learned counsel for the opposite party no.2 states that he has filed his vakalatnama in the office on 27.01.2023. The same is not on record.

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Office is directed to trace out the same and place it on record and make a note in the order sheet.

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The present application under Section 482 Cr.P.C. has been filed by the applicants Dilshad Khan, Naushe Khan, Ruksar, Israr, Ikbal, Nanha, Ali Jaan, Rizwana with the prayer to quash the entire proceedings which is initiated in pursuance to the orders dated 13.12.2021 and 30.11.2021 passed by learned Judicial Magistrate, Sadar, Farrukhabad in Complaint Case No. 1822/2020 (Mayraj Vs. Dilshad), under Sections 498-A, 323, 504, 506 IPC & 3/4 D.P. Act, pending before Judicial Magistrate, Sadar, Farrukhabad and with the further prayer to stay the further proceedings of aforesaid case, during pendency of this application.

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Both the learned counsels jointly argued that the parties have entered into compromise before the Mediation and Conciliation Centre before the District Court in the year 2007 and since then are leading a happy life as husband and wife. The compromise was filed before the concerned trial court but the same was rejected vide order dated 13.12.2022 stating therein that the matter under Section 498-A IPC is not compoundable. Learned counsel for the applicants has placed the copy of compromise before the Court to buttress the said arguments which is annexure no. 5 to the affidavit in support of this application.

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The law with regards to quashing of a case on the basis of

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settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 64 1 has held that the cases in which the parties have settled their grievances can be quashed.

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From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicants.

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The present application is allowed.

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The entire proceedings of the aforesaid case is hereby quashed.

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Order Date :- 9.2.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Dilshad Khan and 7 Others v. State of U.P. and Another

Case brief

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Dilshad Khan and 7 Others v. State of U.P. and Another

Case brief

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