Allowed

Ashkar Hussain and 3 Others v. State of U.P. and Another

Allahabad HC8 Aug 2024A482/21669/2024

Case brief

AI extract

What is this about?

Application u/s 482 Cr.P.C. to quash proceedings in a matrimonial dispute criminal case on basis of a compromise between parties. Compromise was verified by trial court; informant did not wish to proceed. Court quashed charge-sheet, cognizance order and entire proceedings against applicants, citing State of Madhya Pradesh Vs. Laxmi Narayan.

What did the court decide?

Charge-sheet dated 24.09.2018, cognizance order dated 22.12.2018 and entire proceedings of Case No. 12368 of 2018 against the applicants were quashed.

Ashkar Hussain and 3 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:148015

¶2

Court No. - 76

¶3

Case :- APPLICATION U/S 482 No. - 21669 of 2024

¶4

Applicant :- Ashkar Hussain And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- Arvind Kumar Sahu,G.A.

¶5

Hon'ble Raj Beer Singh,J.

¶6

Certified copy of compromise and verification report filed by learned counsel for the applicants, in Court today, is taken on record.

¶7

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

¶8

This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 24.09.2018 and cognizance order dated 22.12.2018, of Case No. 12368 of 2018 (State vs. Ashkar and Others), arising out of Case Crime No. 104 of 2018, under Sections - 498-A, 323,354 I.P.C and Section - 3/4 Dowry Prohibition Act, Police Station - Kundarki, District - Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No.4, Moradabad, on the basis of compromise arrived at between the parties.

¶9

It has been submitted by learned counsel for the applicants that applicant no.1 is husband of opposite party no.2/informant and remaining applicants are family members/relatives of applicant no.1 and the matter relates to matrimonial dispute. Now both the parties have amicably settled the dispute and compromised the

¶10

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 also on record. 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.

¶11

Learned counsel for the opposite party no.2/informant has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed, as no useful purpose would be served by exhausting remedy of trial.

¶12

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

¶13

I have considered the submissions and perused the record.

¶14

It is well settled that in appropriate cases, criminal proceedings may be quashed on the basis of compromise between the parties. In the instant case, 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 by the court concerned. 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

¶15

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.

¶16

In view of the aforesaid, the impugned charge-sheet/cognizance order and entire proceedings of the aforesaid criminal case against applicants, namely, Ashkar Hussain, Altaf Hussain, Smt. Navisa and Riyaz Hussain are hereby quashed.

¶17

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

¶18

Order Date :- 11.9.2024 S Rawat

¶19

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

Ashkar Hussain and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashkar Hussain and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt Indresh and Another vs State of Up and Another

Devendra Kumar and 5 Others vs State of U.P. and Another

Hamender Singh vs State of U.P. and Another

Vinod Tomar and Another vs State of Up and Another

Sandeep Jaiswal Alias Sandeep Kumar Jaiswal vs State of U.P. and Another

Sheikh Taha vs State of Up and Another