Allowed

Mohammad Iqbal and 3 Others v. State of U.P. and 2 Others

Allahabad HC17 Apr 2023A482/8910/2023

Case brief

AI extract

What is this about?

Single judge upheld the quashing of criminal proceedings under 498A IPC and Dowry Prohibition Act after a verified compromise was filed, holding that continuation would be an abuse of process. Proceedings in Case No. 1451 of 2022 quashed.

What did the court decide?

Proceedings in Case No. 1451 of 2022 under Sections 498A, 323 IPC and Section 3/4 Dowry Prohibition Act quashed. Entry to be made in Police Diary.

Mohammad Iqbal and 3 Others Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 8910 of 2023

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Applicant :- Mohammad Iqbal And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- B.N.Singh Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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Heard Mr. Manish Kumar Singh, Advocate holding brief of Mr. B.N. Singh, learned Counsel for the applicants and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing on behalf of the State.

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This application has been filed seeking to quash proceedings of Case No. 1451 of 2022, State vs. Mohammad Iqbal and others (arising out of Case Crime No. 171 of 2022) under Sections 498A, 323 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station Kalpi, District Jalaun, pending in the Court of the Civil Judge (Junior Division)/Judicial Magistrate, Kalpi, Jalaun.

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In compliance with the order dated 17.03.2023, the Chief Judicial Magistrate, Kalpi, Jalaun has submitted a report dated 27.03.2023, saying that the compromise has been verified after identification of all parties by learned Counsel representing them. He has enclosed therein a copy of the order dated 24.03.2023 verifying the compromise as also a copy of the application dated 24.03.2023, enclosing with it the terms of the compromise.

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Looking to the nature of the injuries, the offence charged, the nature of allegations and the overall circumstances, this Court finds that the State, though technically the forerunner of the prosecution, does not have much to say in the matter, inasmuch as the offence involved is one that does not have wide ramification in

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society or one that makes the State's function the primary one. It is a case where, within the parameters of the holding of their Lordships of the Supreme Court in Narinder Singh & others v. State of Punjab and another (2014) 6 SCC 466 and Gian Singh v. State of Punjab & another (2012) 10 SCC 303 , the proceedings can be quashed in order to secure the ends of justice.

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Looking to the terms of the compromise, no useful purpose would be served by permitting this prosecution to continue, which would be an abuse of process of Court. Rather, it would only involve avoidable expenditure of resources, time and energy in holding a trial, the result whereof is obvious. It would also result in harassment of parties. In the circumstances, the impugned proceedings are liable to be quashed.

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This application is, accordingly, allowed . The proceedings in Case No. 1451 of 2022, State vs. Mohammad Iqbal and others (arising out of Case Crime No. 171 of 2022) under Sections 498A, 323 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station Kalpi, District Jalaun, pending in the Court of the Chief Judicial Magistrate, Kalpi, Jalaun are hereby quashed .

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An entry shall be caused to be made in the G.D. of Police Station Kalpi, District Jalaun that all proceedings arising out Case Crime No. 171 of 2022 stand quashed, under orders of this Court. This part of the order shall be caused to be carried out in the records of the police station concerned by the Civil Judge (Junior Division)/Judicial Magistrate, Kalpi, Jalaun.

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Let a copy of this order be forwarded to the Civil Judge (Junior Division)/Judicial Magistrate, Kalpi, Jalaun through the learned

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Sessions Judge, Jalaun and the Station House Officer, Police Station Kalpi, District Jalaun through the Superintendent of Police, Jalaun by the Registrar (Compliance) within a week .

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Order Date :- 17.4.2023 I. Batabyal

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Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad

Mohammad Iqbal and 3 Others v. State of U.P. and 2 Others

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Mohammad Iqbal and 3 Others v. State of U.P. and 2 Others

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