Kasim v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 38696 of 2023 Applicant :- Kasim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Singh Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

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

¶2The present 482 Cr.P.C. application has been filed with a prayer to quash the entire proceeding of Case No. 5039 of 2020 (State vs. Kasim) arising out of case crime No.125/2020 under section 498A, 324, 504, 506, 354, 377 IPC and 3/4 D.P. Act and 4 Muslim Women Marriage Act 2019 P.S. Amroha Nagar District Amroha, and cognizance order dated 08.10.2020 as well as the charge sheet dated 19-6-2020 in pursuance of compromise dated 1-2-2021 entered between the parties and Verification dated 19.04.2023.

¶3It is argued by learned counsel for the applicant that the dispute is between the husband and wife which has already been settled by a compromise dated 01.02.2021 and the aforesaid compromise has already been duly verified by the Court below vide its order

19.04.2023 pursuant to the order dated 16.03.2023 passed by this Court in Application under Section 482 No.4031 of 2023 (Saba Tassum Vs. State of U.P. and others). It is argued that both the parties are residing together and performed their matrimonial duties and prays that the entire proceedings be quashed in view of the compromise dated 01.02.2021.

¶4Learned A.G.A. has admitted aforesaid fact and he has no objection if the proceedings has been quashed.

¶5Heard learned counsel for the parties and perused the record.

¶6From perusal of the record, it is clear that a compromise has been taken place between the parties on 01.02.2021 and the same has been verified by the Court below on 19.04.2023. Since the differences between the husband and wife has been resolved and they live together happily, they do not want to proceed with the matter any further and want to end the matter, this Court is of the opinion that no useful purpose would be served keeping the proceedings pending before the Court below.

¶7In this view of the matter, the present Application under Section 482 Cr.P.C. is allowed and the proceedings of Case No. 5039 of 2020 (State vs. Kasim) arising out of case crime No.125/2020 under section 498A, 324, 504, 506, 354, 377 IPC and 3/4 D.P. Act and 4 Muslim Women Marriage Act 2019 P.S. Amroha Nagar District Amroha, and cognizance order dated 08.10.2020 as well as the charge sheet dated 19-6-2020 are hereby quashed. Order Date :- 18.10.2023 saqlain High Court of Judicature at Allahabad