Ishhaq Alias Ishhaq Ahmad and 8 Others Vs State of U.P… — Dowry and Cruelty | Allahabad HC (2024)

Ishhaq Alias Ishhaq Ahmad and 8 Others Vs State of U.P… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Petition disposed of: parties directed to appear before the learned trial court on 14.08.2024 for verification of the compromise deed dated 01.03.2023 (Annexure No.4); trial court to verify the compromise within one week thereafter and provide the verification report to the parties; impugned proceedings kept in abeyance for three months; liberty to the applicants to file a fresh quashing petition with the verification report and the compromise.

Issue for consideration

Whether the criminal proceedings arising out of Case Crime No.18/2023 (criminal case No.17628/2023) under Sections 498-A, 323, 504, 506, 452 I.P.C., Section 3/4 of D.P. Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 are liable to be quashed on the basis of the compromise deed dated 01.03.2023 between the parties.

Court's answer

Considering the law laid down by the Supreme Court in Gian Singh v. State of Punjab, the petition is disposed of directing the parties to appear before the learned trial court for verification of the compromise deed dated 01.03.2023 (Annexure No.4) on 14.08.2024; the trial court shall verify the contents of the compromise in the presence of the parties within one week thereafter and provide a copy of the verification report to the parties.

Ratio / Principle

The impugned proceedings shall be kept in abeyance for a period of three months.

Key takeaways

It will be open to the applicants to approach this Court again for quashing of the proceedings by filing a fresh petition along with the verification report of the learned trial court and the compromise.ratio¶9

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. by Ishhaq Alias Ishhaq Ahmad and 8 others seeking quashing of the summoning order dated 2.09.2023 passed by the Civil Judge (Junior Division)/F.T.C./J.M., Naveen Gonda, District Gonda in criminal case No.17628/2023, arising out of Case Crime No.18/2023 under Sections 498-A, 323, 504, 506, 452 I.P.C., Section 3/4 of D.P. Act and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, together with the entire criminal proceedings, was disposed of by the High Court of Judicature at Allahabad, Lucknow Bench (Om Prakash Shukla, J.) in view of the compromise deed dated 01.03.2023 settled between the parties, considering the law laid down in Gian Singh v. State of Punjab, 2012 AIR SCW 5333. The parties were directed to appear before the learned trial court on 14.08.2024 for verification of the compromise, the trial court to verify its contents within one week thereafter and furnish the verification report; the impugned proceedings were kept in abeyance for three months; and the applicants were granted liberty to approach the Court afresh with a fresh quashing petition accompanied by the verification report and the compromise.

Neutral Citation No. - 2024:AHC-LKO:48947

Court No. - 30

Case :- APPLICATION U/S 482 No. - 397 of 2024 Applicant :- Ishhaq Alias Ishhaq Ahmad And 8 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Tariq Khan Counsel for Opposite Party :- G.A.,Arti Rawat,Km. Anjali Gautam,Mohammad Arshad

Hon'ble Om Prakash Shukla,J.

1. Heard learned counsel for the applicant, learned counsel for the opposite party No.2 and learned A.G.A. for State.

2. The present petition under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the impugned summoning order dated 2.09.2023 issued by Civil Judge (Junior Division)/F.T.C./J.M. Naveen Gonda, District Gonda in criminal case No.17628/2023 arising out of Case Crime No.18/2023, under Sections 498-A, 323, 504, 506, 452 I.P.C. and Section 3/4 of D.P. Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 along with entire criminal proceedings of the aforesaid case pending before the concerned court.

3. Learned counsel for the applicants submits that dispute between the parties have been amicably settled outside the court by way of compromise deed dated 01.03.2023. The original copy of the compromise deed dated 01.03.2023 is on record as Annexure No.4 to the application.

4. Learned counsel for the opposite party No.2 does not dispute the above facts rather he concedes the same.

5. It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed.

6. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed.

7. On due consideration of the arguments advanced by the parties' counsel and perused the record as well as considering the law laid down by Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab : 2012 AIR SCW 5333 , the petition is disposed of directing the parties to appear before the learned trial court for verification of the compromise deed dated 01.03.2023 (Annexure No.4) on 14.08.2024. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties.

8. The proceedings impugned (supra) shall be kept in abeyance for the period of three months from today.

9. It will be open for the applicants to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties.

10. Office is directed to return certified/original copies to the learned counsel for the applicants.

[Om Prakash Shukla, J.]

Order Date :- 19.7.2024 Shubhankar

Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench