Allowed

Hafizullah and 2 Others v. State of U.P. and Another

Allahabad HC1 Aug 2024A482/21853/2024

Case brief

AI extract

What is this about?

This single-judge order granted an application under Section 482 CrPC to quash criminal proceedings arising from a matrimonial dispute in Saharanpur. The High Court held that since the parties had amicably settled the matter and no useful purpose would be served by continuing the trial, the proceedings were quashed in the interest of justice.

What did the court decide?

The impugned charge-sheet and entire criminal proceedings against the applicants are quashed.

Hafizullah and 2 Others vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:144927

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 21853 of 2024

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Applicant :- Hafizullah And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Zaid Arshad Counsel for Opposite Party :- G.A., Meraj Ahmad Khan

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants, learned counsel for opposite party no. 2/informant and learned AGA for the State.

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This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including charge-sheet dated 08.04.2023, of case crime no. 493 of 2022, under Sections - 498-A, 323, 504, 506 IPC, P.S. Kotwali Dehat, District - Saharanpur, pending before the court of Civil Judge (Junior Division), Saharanpur, in terms of the compromise arrived at between the parties.

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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 of applicant no. 1 and the matter relates to matrimonial dispute. 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 has been produced before this Court and the same is taken 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.

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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.

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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 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 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 and entire proceedings of the aforesaid criminal case against applicants, namely, Hafizullah, Azizullah and Abida are hereby quashed.

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

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Order Date :- 5.9.2024 Anand

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Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

Hafizullah and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Hafizullah and 2 Others v. State of U.P. and Another

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