Rafiullah and 5 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 31049 of 2022 Applicant :- Rafiullah And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- A.P.Singh,Sangam Lal Kesharwani Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the summoning order dated 12.03.2008 as well as entire proceedings of Complaint Case No. 443 of 2013(Smt. Anjum Vs. Kalimullah and others), under Sections-498A, 323, 504 I.P.C. and Section 3/4 of D.P. Act, Police Station-Bhawaniganj, District-Siddharth Nagar.

¶3The case was heard on 30.09.2022 and the Court has passed the following order:- "Heard learned counsel for the applicant and learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed for quashing the proceedings of Complaint Case No. 443 of 2013 (Smt. Anjum Vs. Kalimullah and others) under Sections 498A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Bhawaniganj, District Siddharth Nagar pending before learned Chief Judicial Magistrate, Siddharth Nagar as well as to quash the summoning order dated 12.03.2008 passed in the aforesaid case. Learned counsel for the applicant submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing. Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the compromise. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court. List after two months. Till then no coercive measure shall be taken against the applicant in the aforesaid case."

¶4Pursuant to order dated 30.09.2022 compromise verification report has been received to this Court from Chief Judicial Magistrate, Siddarth Nagar vide letter dated 21.01.2023.

¶5Learned A.G.A. has not objected the aforesaid facts and submitted that in case proceedings against the applicants is quashed, he would have no objection.

¶6In view of the facts and circumstances of the case, the applicants and learned A.G.A. do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

¶7Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of the aforesaid case is hereby quashed.

¶8The present application is, accordingly allowed.

¶9No order as to costs. Order Date :- 12.10.2023 ADY High Court of Judicature at Allahabad