Allowed

Mohd Saqib and 4 Others v. State of U.P. and Another

Allahabad HC2 May 2023A482/43625/2022

Case brief

AI extract

What is this about?

Applicants sought quashing of criminal proceedings under Sections 498-A, 323, 506 IPC and D.P. Act via a Section 482 Cr.P.C. application. The High Court, relying on the settled compromise deed verified by the trial court and Supreme Court precedents, exercised its inherent jurisdiction to quash the entire case.

What did the court decide?

The entire proceedings of Case No. 1536 of 2022 under Sections 498-A, 323, 506 IPC and Section 3/4 of D.P. Act are hereby quashed.

Mohd Saqib and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 70 Case :- APPLICATION U/S 482 No. - 43625 of 2022 Applicant :- Mohd Saqib And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Reena Pal,Adarsh Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State, and perused the material available on record.

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The instant application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceeding of Case No. 1536 of 2022, arising out of Case Crime No. 159 of 2022, under Sections 498-A,323,506 IPC and Section 3/4 of D. P. Act, P.S. Bhawan Bahadur Nagar, District Bulandshahr including the summoning order as well as charge sheet on the basis of the compromise entered into between the parties.

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The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise deed before the court below. Thereafter, this Court, vide order 12.01.2023, has sent the said compromise deed to the trial court with a direction to get the same verified and submit a report.

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Learned counsel for the applicants have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise deed before the court below and the same has been verified by the trial Court, vide order dated 25.01.2023, kept on record of this case.

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In the present case, the sections involved are Sections 498-A,323,506 IPC and Section 3/4 of D. P. Act.

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In compliance of the aforesaid order, the court below has verified the contents and parties of the compromise deed and submitted his report dated 02.02.2023 to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by free-will.

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Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641 , the entire proceedings of Case No. 1536 of 2022, arising out of Case Crime No. 159 of 2022, under Sections 498-A,323,506 IPC and Section 3/4 of D. P. Act, P.S. Bhawan Bahadur Nagar, District Bulandshahr are hereby quashed.

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Accordingly, the instant petition is allowed.

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Order Date :- 2.5.2023/RavindraKSingh

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Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad

Mohd Saqib and 4 Others v. State of U.P. and Another

Case brief

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Mohd Saqib and 4 Others v. State of U.P. and Another

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