Allowed

Jamshed Khan and 3 Others v. State of Up and Another

Allahabad HC5 Aug 2024A482/8267/2024

Case brief

AI extract

What is this about?

Complaint proceedings under dowry-related IPC sections were quashed after the parties settled their matrimonial dispute through mediation at the Allahabad High Court Mediation Centre. Relying on Apex Court precedents permitting quashing on compromise, the court quashed the complaint, the summoning order and a pending non-bailable warrant.

What did the court decide?

Entire proceedings of Complaint Case No. 2998 of 2021 with summoning order dated 20.7.2023 and non-bailable warrant order dated 24.1.2024 quashed on basis of settlement agreement dated 01.10.2024.

Jamshed Khan and 3 Others vs State of Up and Another — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:189827

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 8267 of 2024

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Applicant :- Jamshed Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Sunder Maurya Counsel for Opposite Party :- G.A.,Mithilesh Kumar Gupta

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Hon'ble Arun Kumar Singh Deshwal,J.

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In pursuance of earlier order dated 02.12.2024, Incharge Mediation Centre, has appeared before the court and submitted that final mediation report has already been handed over to 482 Section on 04.10.2024.

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From perusal of the mediation report, it appears that it was duly received in 482 Section on 04.10.2024, therefore, the statement of Incharge Mediation Centre is correct and there is no fault on her part. Accordingly, her appearance is exempted.

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The Registrar (Criminal) is also present in pursuance of order dated 02.12.2024 and he expressed regret on behalf of his sub-ordinates who were responsible to comply with the order dated 13.11.2024 and he also assured that he will take appropriate action after conducting preliminary enquiry.

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In view of the above statement of Registrar (Criminal), no further order is required to be passed and his personal appearance is exempted.

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Heard Sri Shyam Sunder Maurya, learned counsel for the applicants, Sri Mithilesh Kumar Gupta, learned counsel for opposite party no.2 and Sri Pankaj Srivastava, learned AGA for the State.

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The present 482 Cr.P.C. application has been filed to setaside the entire proceedings as Complaint Case No. 2998 of 2021, under Sections 498-A, 323, 504, 506 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Dildar Nagar, District- Ghazipur, pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Court No. 2, Ghazipur, and summoning order dated 20.7.2023 as well as order dated 24.1.2024, by which non bailable warrant has been issued.

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Learned counsel for the parties jointly submitted that they have settled their dispute amicably and a written compromise between them has also been verified and they have executed a settlement agreement before the Mediation Centre, High Court, Allahabad. Therefore, proceeding may be quashed on the basis of settlement agreement dated 01.10.2024.

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On perusal of the order sheet, it appears that this case was referred to the Mediation Centre, High Court, Allahabad vide order dated 22.03.2024. In pursuance of that order, parties have appeared before the Mediation Centre and finally a settlement agreement dated 01.10.2024 has also been entered into between them. Paragraph no.7 of the Settlement Agreement dated 01.10.2024 is quoted as under:

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"7. In view of the Interim Settlement dated 25.06.2024 , the following settlement has been arrived at between the Parties hereto:-

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a) That the parites have already settled their dispute and decided to dissolve their marriage by getting Talaq and in this regard parties have prepared a notarized Halafnama dated 24.09.2024. The parties shall produce the copy of the aforesaid Halafnama dated 24.09.2024 at the time of hearing before the Hon'ble Court.

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b) That it has already been decided that the Husband would pay an amount of Rs.1,00,000/- (Rupees One Lakh only) to the wife

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towards Meher, Iddat Period, Maintenance and other financial claims of her, by way of demand draft. c) That today i.e. 01.10.2024, the husband had produced a demant draft bearing No.395816 dated 25.09.2024 of Rs.1,00,000/- drawn on Bank of Baroda in favour of Ruby Parveen (wife), the said demand draft is being handed over to the O.P. No.2-wife and she has acknowledged the receipt of the same."

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As the parties have settled their dispute amicably and a settlement agreement has been entered into between them before the Mediation Centre, High Court, Allahabad, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice.

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Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another) , (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab) , (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab) , and in view of the settlement agreement dated 01.10.2024, the proceeding of the aforesaid case is hereby quashed.

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The present petition is, accordingly, allowed .

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Order Date :- 4.12.2024 S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Jamshed Khan and 3 Others v. State of Up and Another

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Jamshed Khan and 3 Others v. State of Up and Another

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