Intzar and 6 Others v. State of U.P. and 2 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 33139 of 2023 Applicant :- Intzar And 6 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anil Kumar Jaiswal Counsel for Opposite Party :- G.A.,J.B. Singh Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned AGA for the State, Shri J.B. Singh, learned counsel for opposite party no.2 & 3 and perused the records.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash impugned charge-sheet dated 19.09.2022 as well as entire proceedings of Criminal Case No. 5864 of 2023 (State Vs. Intzar and Others), arising out of Case Crime No. 32 of 2021, under Sections 498-A, 323, 504, 506, 452, 354, 307 IPC, Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act 2019, Police Station Jani, District Meerut, pending in the court of A.C.J.M., Court No.1, Meerut.

¶3Learned counsel for the applicants has submitted that opposite party no.3 is the daughter-in-law of applicant nos.1 & 2 and applicant nos. 3, 4 and 5 are sisters-in-law and applicant nos.6 and 7 are brothers-in-law of opposite party no.2.

¶4Learned counsel for the applicants has further submitted that on account of matrimonial discord, present criminal case has been instituted against the applicants by opposite party no.2, however subsequently, with the intervention of respected members of both the families, applicants and the opposite party no.2 & 3 have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other.

¶5Learned counsel for the applicants has next submitted that the instant proceedings against the husband of opposite party no.3 Sarfaraj has already been quashed by this Court in Criminal Misc. Writ Petition No.8664 of 2023 (Sarfaraj Vs. State of U.P. and others) vide order dated 09.06.2023.

¶6Learned counsel for the applicants has next drawn the attention of this Court to a compromise deed dated

05.06.2023, drawn between the parties, a copy of which has been annexed as Annexure-7 to this application.

¶7Learned counsel for the applicants has next submitted that in view of the said compromise and in order to maintain harmonious and cordial relations between the parties, entire proceedings against the applicants be quashed.

¶8Learned counsel for opposite party no.2 & 3 has also appeared and has filed a short counter affidavit and in paragraph 3, the said compromise has been acknowledged. It is further stated in paragraph 7 that opposite party no.2 and 3 have no objection, if the entire proceedings are quashed.

¶9Learned AGA could not dispute the aforesaid facts.

¶10This Court is not unmindful of the judgements of the Apex Court in the cases of:-

(i). B.S. Joshi and others Vs. State of Haryana and another

(2003) 4 SCC 675.

(ii). Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

(iii). Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

(iv). Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

(v). Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. Wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by Hon'ble Apex Court in the aforesaid cases has been explained in detail.

¶11Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

¶12Accordingly, the entire proceedings of Criminal Case No. 5864 of 2023 (State Vs. Intzar and Others), arising out of Case Crime No. 32 of 2021, under Sections 498-A, 323, 504, 506, 452, 354, 307 IPC, Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act 2019, Police Station Jani, District Meerut, pending in the court of A.C.J.M., Court No.1, Meerut, are hereby quashed.

¶13This application under Section 482 CrPC is accordingly allowed. Order Date :- 17.10.2023 Subham High Court of Judicature at Allahabad