Allowed

Jumman Khan and 15 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

Allahabad HC26 Jul 2024/2435/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings arising from a matrimonial dispute. Relying on the verified compromise and observations of the Apex Court, the court held that continued proceedings served no useful purpose. The entire criminal case was accordingly quashed.

What did the court decide?

Application under Section 482 Cr.P.C. allowed; entire criminal proceedings arising from FIR No. 226-A/2005 and Case No. 1011/2011 quashed.

Jumman Khan and 15 Others Vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:50913

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 2435 of 2024

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Applicant :- Jumman Khan And 15 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others Counsel for Applicant :- Abdul Alim Khan,Mohd.Anas Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record.

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The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed with the following prayer:-

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"(i) to quash the impugned charge sheet dated 30.11.2005 arising out of Case Crime No. 226-A/2005, under sections 147, 148, 149, 323, 325, 504 & 506 I.P.C., pertaining to Police Station- Huzurpur, District- Baharaich as well as entire criminal proceedings of Criminal Case No. 1011/2011 "State Vs. Jumman Khan & Others" pending before the learned Additional Chief Judicial Magistrate, Baharaich, in terms of compromise dated 01.03.2024, as contained in Annexure No.1 to this petition.

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(ii) to stay the further proceedings in Criminal Case No. 1011/2011 "State Vs. Jumman Khan & Others" pending before the learned Additional Chief Judicial Magistrate, Baharaich arising out of Case Crime No. 226-A/2005, under sections 147, 148, 149, 323, 325, 504 & 506 I.P.C., pertaining to Police Station- Huzurpur, District- Baharaich."

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It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 2435 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 14.3.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties. The aforesaid order dated 14.3.2024 reads as under:-

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"Heard Shri R. A. Khan, learned counsel for the applicant, Shri Mohd. Anas Siddiqui, learned counsel for the opposite party Nos.2 to 7 and Shri Pramod Shukla, learned AGA for the State.

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Learned counsels for the parties contend that the proceedings arise out of a matrimonial dispute. The parties have arrived at an amicable resolution of all disputes with the intervention of well wishers of the families. A compromise has been reduced to writing.

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The parties shall submit the compromise before the learned trial court for verification within a period of two weeks. The learned trial court shall verify the compromise and send a report before the next date of listing.

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Put up this matter on 25.04.2024 as fresh.

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Till further orders of this Court, the further proceedings of Criminal Case No. 1011 of 2011 (State Vs. Jumman Khan and others) arising out of Case Crime No. 226A/2005 under Sections 147, 148, 149, 323, 504, 506 I.P.C. Police Station Huzurpur, District Baharaich shall remain stayed. "

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It appears from the order dated 24.06.2024 that the Additional Chief Judicial Magistrate, Bahraich has verified the compromise, mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court.

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Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409 , this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak as also the nature of dispute/crime and hence no useful purpose would be served by allowing the criminal proceedings to continue.

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Accordingly, present application is allowed . Consequently, the entire proceedings arising out of FIR No./Case Crime No. 226-A/2005, indicated in the prayer, quoted above, are hereby quashed .

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Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.

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Order Date :- 26.7.2024 Gurpreet Singh

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

Jumman Khan and 15 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

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Jumman Khan and 15 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

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