Allowed

Azeem Husain v. State of U.P. and Another

Allahabad HC15 Jul 2024A482/16871/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. challenging a CJM order disapproving a police report and directing further investigation in a case where parties had settled via mediation. Court treated the compromise as effective, quashed proceedings as liable to be quashed, and directed retrieval of mediation records to verify obligations.

What did the court decide?

Proceedings held liable to be quashed; no coercive action allowed till next date; record of compromise to be procured.

Azeem Husain vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 16871 of 2024

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Applicant :- Azeem Husain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Haadi Zaidi,Zia Naz Zaidi Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Anoop Trivedi, the learned Senior Counsel assisted by Ms. Zia Naz Zaidi the learned counsel for applicant and and Mr. P. K. Giri, the learned Additional Advocate General assisted by Mr. Pankaj Kumar, the learned A.G.A. for State-opposite party-1

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Perused the record.

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Challenge in this application under Section 482 Cr.P.C. is to the order dated 11.01.2024 passed by the Chief Judicial Magistrate, Aligarh in Criminal Misc. Case No. 786/12 of 2021 (Smt. Ritika Agrawal @ Jainab Vs. Ajeem Hussain and others) arising out of Case Crime No. 545 of 2020 under Sections 147, 323, 504, 506 I.P.C., P.S. Civil Lines, District-Aligarh, whereby the police report submitted by the Investigating Officer has been disapproved, the protest petition field by first informant/opposite party-2 to the aforesaid report has been allowed and directions have been issued for further investigation.

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It is urged by Mr. Anoop Trivedi, the learned Senior Counsel that the dispute between the parties is a matrimonial dispute inasmuch as applicant is the husband whereas applicant-2 is the wife. The matter was settled in the District Mediation and Conciliation Centre, Aligarh. The said fact is clearly explicit from the police report dated 05.05.2021 submitted by the Investigating

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Officer under Section 173 (2) Cr.P.C. However, subsequently the first informant/opposite party-2 appears to have resiled from the settlement arrived at between the parties at the District Mediation Center, Aligarh and on basis thereof, she filed a protest petition dated 01.12.2023 against the police report i.e. after more than two and a half years.

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Though under the Code i.e. Cr.P.C., the first informant has no statutory right to file protest petition against police report submitted under Section 173 (2) Cr.P.C. but by virtue of law laid down by the Apex Court in Bhagwant Singh Vs. Commissioner of Police And Another, (1985) 2 SCC 537, the right to file a protest petition has now been recognized as a valid right of first informant. It is on this protest petition that the court below has expressed its opinion not to accept the police report and directed for further investigation. He has further relied upon the judgement of Apex Court in Shlok Bhardwaj Vs. Runika Bhardwaj, (2015) 2 SCC 721 wherein the Apex Court has held that where the parties entered into compromise, the same shall be treated as effective compromise to bring an end to all disputes. Consequently present criminal proceedings are liable to be quashed by this Court.

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In view of above, the learned Additional Advocate General may procure the record of compromise arrived at between the parties at Mediation and Conciliation Centre, Aligarh and further explain to the Court as to whether under the agreement arrived at between the parties at District Mediatiion Center, Aligarh, parties have discharged their reciprocal obligations or not.

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Put up again as fresh on 18.09.2024.

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Considering the facts and circumstances of the case and also the submissions urged by the learned senior counsel for applicant in

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support of present application, as noted herein above, as an interim measure it is hereby provided that till the next date fixed, no coercive action shall be taken by the Investigating Officer against applicant in Case Crime No. 545 of 2020 under Sections 147, 323, 504, 506 I.P.C., Police Station-Civil LInes, District-Aligarh.

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Order Date :- 3.9.2024 YK

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

Azeem Husain v. State of U.P. and Another

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Azeem Husain v. State of U.P. and Another

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