Allowed

Mashook Ali and 13 Others v. State of U.P. and Another

Allahabad HC23 Jul 2024A482/22290/2024

Case brief

AI extract

What is this about?

In an application u/s 482 Cr.P.C., the Allahabad High Court quashed criminal proceedings arising from a family dispute involving sections 147, 148, 336, 323, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, 1932, as the dispute was settled amicably.

What did the court decide?

The entire proceedings of Case No. 24954 of 2023 arising out of Case Crime No.29 of 2021 are hereby quashed.

Mashook Ali and 13 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:122190

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 22290 of 2024

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Applicant :- Mashook Ali And 13 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State-respondent, and perused the entire record.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet no. 320 of 2021, dated 29.07.2021, cognizance/summoning order dated 15.09.2023, passed by the learned Chief Judicial Magistrate, Agra as well as entire proceedings of Case No. 24954 of 2023, titled as State v. Mashook Ali & Ors v. State, arising out of Case Crime No.29 of 2021, under Sections 147, 148, 336, 323, 504, 506 IPC and Section 7 Criminal Law Amendment Act, 1932, P.S. Tajganj, District Agra, pending before the learned Chief Judicial Magistrate, Agra.

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Learned counsel for the applicants submits that F.I.R. registered pursuant to the incident happened on 17.01.2021 at around 6.00 PM was between members of same family. In the scuffle minor injures were noticed by the doctor, therefore, the FIR under Sections 147, 148, 336, 323, 504, 506 IPC and Section 7 Criminal Law (Amendment) Act, 1932 was registered against the applicants. The alleged dispute between the parties has taken place due to misconception and that now both the parties have amicably settled the dispute out of the court and the complainant of the case does not want to pursue this case. It has been submitted that the

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applicants and opposite party have agreed that impugned complaint and consequential proceedings may be quashed.

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Per contra , learned A.G.A. submits that since the dispute between the parties has been settled and opposite party no.2 has no objection, therefore, the proceedings of the aforesaid case, pending before the trial court, be quashed.

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I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record.

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In the instant case the dispute between the parties appears to be private in nature and does not have any serious impact on society if parties compromise the matter. Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak and the courts are already overburdened.

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In such circumstances, the entire proceedings of Case No. 24954 of 2023, titled as State v. Mashook Ali & Ors v. State, arising out of Case Crime No.29 of 2021, under Sections 147, 148, 336, 323, 504, 506 IPC and Section 7 Criminal Law Amendment Act, 1932, P.S. Tajganj, District Agra, pending before the learned Chief Judicial Magistrate, Agra, are hereby quashed.

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The instant petition stands allowed , accordingly.

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Order Date :- 30.7.2024 A. Tripathi

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Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Mashook Ali and 13 Others v. State of U.P. and Another

Case brief

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Mashook Ali and 13 Others v. State of U.P. and Another

Case brief

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