Imran Khan vs State of U.P. and Another

The instant application under Section 528 BNSS has been filed seeking quashing of the charge-sheet no. 411 of 2018 dated 11.12.2018 as well as impugned cognizance/summoning order dated 20.12.2018 passed in Criminal Case No. 867 of 2018 (State vs. Imran Khan) arising out of Case Crime No. 509 of 2018 under Sections 498-A, 323, 506 I.P.C. and under Section 3/4 of the D.P. Act, Police StationMilak, District- Rampur, pending in the court of learned II^nd Addl. Civil Judge (Sr.Div.), Rampur, on the basis of compromise.

Learned counsel of the applicant submits that the opposite party no.2 is the wife of the applicant herein. There was a matrimonial discord between them, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicants herein. However, during the pendency of the said case, the parties have settled their disputes amicably and a compromise dated 17.01.2025 has been executed between the parties and the same has been placed before the trial court and the certified copy whereof has been annexed as Annexure '5' to the instant application.

Vide order dated 15.07.2025, a Coordinate Bench of this Court has directed the parties to appear before the trial court concerned for verification of compromise executed between them. The trial court has verified the compromise in presence of the parties and report dated 07.10.2025 in this regard has been sent by Additional Chief Judicial Magistrate/Additional Civil Judge (Sr. Div.), Court No. 2, Rampur, to this Court along with copy. Pursuant to the directions of this court, the parties appeared before the trial court concerned on 06.10.2025, which has been duly verified by the trial court. In view of the aforesaid facts, learned counsel for the applicants

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seeks quashing of the entire proceedings of the instant case against the applicants herein.

Looking at the facts and circumstances of the case and its settlement and verification of the compromise, learned A.G.A. does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein.

Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case it is apparent that there was a matrimonial discord between the applicant and the opposite party no.2, due to which the opposite party no.2 had lodged the F.I.R. against the applicants, which has been amicably settled during the pendency of the said case and a compromise dated 17.01.2025 has been executed, which has been duly verified by the trial court pursuant to the directions issued by this Court. Thus, with the aforesaid settlement of matrimonial disputes no fruitful purpose will be served by keeping the criminal proceedings pending against the applicant as the pendency of the criminal proceeding will be nothing but a futile exercise in the light of the compromise arrived at between the parties. With the aforesaid compromise, peace will prevail not only in the families of the parties in the instant case but also in the society at large.

Thus, 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 Other vs. State of Haryana and Another : (2003) 4 SCC 67 , the instant application is allowed and the entire proceedings in Criminal Case No. 867 of 2018 (State vs. Imran Khan) arising out of Case Crime No. 509 of 2018 under Sections 498A, 323, 506 I.P.C. and under Section 3/4 of the D.P. Act, Police Station- Milak, District- Rampur, pending in the court of learned II^nd Addl. Civil Judge (Sr.Div.), Rampur, are hereby quashed .

(Anish Kumar Gupta,J.)

¶22

October 29, 2025 Shubham Arya

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

Imran Khan v. State of U.P. and Another