Allowed

Mohd. Faizan Khan and Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Allahabad HC27 Feb 2024/1189/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Court quashed criminal proceedings instituted under sections 498-A, 323, 504, 506 IPC and the Dowry Prohibition Act. The quashing was based on a valid compromise arrived at between the parties outside the Court, rendering further proceedings futile.

What did the court decide?

The present petition is allowed; proceedings of the impugned charge sheet, summoning order, and entire criminal case are quashed.

Mohd. Faizan Khan and Others Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:17710

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1189 of 2024 Applicant :- Mohd. Faizan Khan And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Another

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Counsel for Applicant :- Mohd. Imran Khan,B/M1152 Counsel for Opposite Party :- G.A.,Mohd.Anas Siddiqui Hon'ble Subhash Vidyarthi,J.

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Heard Mohd. Imran Khan, the learned counsel for the applicants, Sri Anurag Verma, the learned A.G.A.-I appearing on behalf of the State and Sri Mohd. Anas Siddiqui, the learned counsel for the opposite party no.2.

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By means of the instant application under Section 482 Cr.P.C. the applicants have sought quashing of the impugned charge sheet dated 19.05.2023, summoning order dated 27.09.2023 along with entire proceedings of Criminal Case No.108404 of 2023: State Vs. Mohd. Faizan and others, arising out of Case Crime No.289 of 2022, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Saadatganj, District Lucknow pending in the Court of learned Additional Chief Judicial Magistrate, Court No.27, Lucknow on the basis of a compromise arrived at between the parties.

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A copy of the compromise dated 10.01.2024 is annexed with the application, wherein it is recorded that the parties have decided to severe their relationship and articles of parties have been returned to each other.

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Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Copy of compromise entered into between the parties have been placed on record as Annexure-4 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by learned Additional Civil

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Judge (J.D.)/Judicial Magistrate, Court No.34, Lucknow vide order dated 20.02.2024.

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The learned counsel for the opposite party no.2 has filed a short counter affidavit admitting the factum of compromise and supporting the application.

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I have considered the submissions of learned counsel for the parties.

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Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another : (2003) 4 SCC 675 , Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1 , Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 , it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

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In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and proceedings of impugned charge sheet dated 19.05.2023, summoning order dated 27.09.2023 along with entire proceedings of Criminal Case No.108404 of 2023: State Vs. Mohd. Faizan and others, arising out of Case Crime No.289 of 2022, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Saadatganj, District Lucknow pending in the Court of learned Additional Chief Judicial Magistrate, Court No.27, Lucknow are hereby quashed.

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(Subhash Vidyarthi, J.)

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Order Date :- 27.2.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Faizan Khan and Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

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Mohd. Faizan Khan and Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

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