Allowed

Irfan Ahmad and 6 Others v. State of Up and Another

Allahabad HC12 Sept 2024A482/2305/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court allowed the quashing of summoning orders and entire criminal proceedings in a matrimonial dispute under Sections 498-A and 504 IPC following an amicable settlement between the spouses after mediation.

What did the court decide?

Summary application under Section 482 Cr.P.C. allowed; summoning order dated 21.7.2023 and entire proceedings under Criminal Complaint No.392 of 2022 are quashed.

Irfan Ahmad and 6 Others vs State of Up and Another — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:149667

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(Sl.No.3139)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 2305 of 2024

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Applicant :- Irfan Ahmad And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Yadav,Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.,Yatindra Kumar Dubey

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Vijay Kumar Yadav, learned counsel for the applicants and Sri Yatindra Kumar Dubey, learned counsel appearing for opposite party No.2.

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The instant application under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the summoning order dated 21.7.2023 as well as entire proceeding of Criminal Complaint No.392 of 2022 (Yasmin vs. Irfan and others) under Section 498-A, 323, 504 IPC and Section 3/4 D.P. Act, Police StationDumariyaganj, District-Siddharth Nagar, pending in the court of Chief Judicial Magistrate, Siddharth Nagar.

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Vide order dated 28.2.2024, the matter was referred to the mediation centre.

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Learned counsel for the applicants submits that after the mediation, the parties have settled their disputes amicably through the settlement agreement dated 24.8.2024 and the following settlement has been arrived at between Irfan Ahmad (Applicant No.1-Husband) and Yasmin (opposite party No.2-Wife):

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"a) That the parties after living together as husband and wife in perfect harmony forgetting all previous disputes and differences, they appeared before the mediators and stated that they are fully satisfied with this reunion and further they want to continue it for the rest of their lives.

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b) That the parties further undertake to discharge all matrimonial obligations towards each other in respectful manner.

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c) That it has been agreed between the parties that they will behave properly living in peaceful and cordial atmosphere.

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d) That the husband undertakes to take care of his wife and fulfill all essential requirements and amenities to her in future.

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e) That it has also been agreed between the parties that all civil and criminal cases (if any) filed by them against each other or their family members regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking

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appropriate steps before the Court/authority concerned.

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f) That the parties will not file any fresh case against each other in respect of this matrimonial dispute.

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g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse."

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As per the aforesaid settlement, the parties are living together as husband and wife and they have settled all their disputes amicably.

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The aforesaid settlement is not disputed by learned counsel for the opposite party No.2 and he admits the submissions so made by learned counsel for the applicants as well as the aforesaid settlement.

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Having regard to the aforesaid facts and circumstances of the case, since the parties have already settled all their disputes amicably through the Mediation Centre by way of settlement dated 24.8.2024, therefore, the instant application is allowed in terms of the aforesaid settlement and the summoning order dated 21.7.2023 as well as entire proceeding of Criminal Complaint No.392 of 2022 (Yasmin vs. Irfan and others) under Section 498-A, 323, 504 IPC and Section 3/4 D.P. Act, Police Station-Dumariyaganj, District-Siddharth Nagar, pending in the court of Chief Judicial Magistrate, Siddharth Nagar are hereby quashed against the applicants in the light of the judgments of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S. Joshi and others vs. State of Haryana and Another : (2003) 4 SCC 67 .

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Order Date :- 12.9.2024 LN Tripathi

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(Anish Kumar Gupta,J.)

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

Irfan Ahmad and 6 Others v. State of Up and Another

Case brief

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Irfan Ahmad and 6 Others v. State of Up and Another

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