Allowed

Masqoor Alam and 2 Others v. State of U.P. and Another

Allahabad HC2 Jul 2024A482/19694/2024

Case brief

AI extract

What is this about?

Applicants filed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings initiated on a complaint by the wife alleging offenses under Sections 498A IPC, cruelty under the DP Act, and instant destruction of marriage under the Muslim Women Act. The High Court allowed the application based on a verified compromise between the husband and wife, holding the proceedings were a

What the court decided

AI extract

Masqoor Alam and 2 Others vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:132969

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 19694 of 2024

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Applicant :- Masqoor Alam And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Aadil Siddiqui Counsel for Opposite Party :- G.A.,Jeetendra Kumar Yadav

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed by learned counsel for the applicants in Court today, is taken on record.

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Heard learned counsel for the applicants, learned counsel for the informant/opposite party no.2, learned A.G.A. for the State and perused the material brought on record.

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This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including charge sheet dated 30.06.2023 as well as cognizance order dated 09.01.2024, of case No. 330 of 2024 (State vs. Masqoor Alam and others), arising out of case crime no.37 of 2023, under Sections 498A, 323, 504 IPC, Section - 3/4 of D.P. Act and Section - 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, P.S. Mahila Thana, District - Sambhal, pending in the court of Additional Chief Judicial Magistrate, Sambhal, on the basis of compromise arrived at between the parties.

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It has been submitted by learned counsel for the applicants as well as by learned counsel for opposite party no. 2/informant that the matter relates to matrimonial dispute and now both the parties have amicably settled the dispute and compromised the matter. Applicant no. 1 is husband of opposite party no. 2/informant and

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remaining applicants are family members of applicant no.1. Now both the parties have amicably settled the dispute and compromised the matter and the informant of the case does not want to pursue the impugned proceedings. It was submitted that the compromise, filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is annexed as Annexure No. S.A.1 to the supplementary affidavit filed in support of the application. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.

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Learned A.G.A. has no objection if parties compromise the matter.

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I have considered the submissions and perused the record.

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In the instant case, it appears that matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The informant does not want to proceed with the case against the applicants. The compromise filed by the parties before the trial court has already been verified and report of the same is available on record. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others , AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, as the continuance of the same would be nothing but wastage of time of Court.

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In view of the aforesaid, the impugned charge-sheet/cognizance

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order and entire proceedings of the aforesaid criminal case against applicants, namely, Masqoor Alam, Maqbool Ahmad and Shama Perveen are hereby quashed.

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The application u/s 482 Cr.P.C. is allowed

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Order Date :- 20.8.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Masqoor Alam and 2 Others v. State of U.P. and Another

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Masqoor Alam and 2 Others v. State of U.P. and Another

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