Azam and 3 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 31929 of 2023 Applicant :- Azam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned AGA for the State and perused the records.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash charge-sheet dated 11.08.2021 and cognizance/summoning order dated 06.05.2022 as well as entire proceedings of Case No. 4311 of 2022 (State Vs. Azam and others), arising out of Case Crime No. 349 of 2021, under Sections 498-A, 323, 504, 506, 354-B IPC and Section 3/4 of Muslim women (Protection of Rights on Marriage), Act 2019, Police Station Civil Lines, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad.

¶3Learned counsel for the applicants has submitted that opposite party no.2 is the wife of applicant no.1 and other applicants are family members of applicant no.1.

¶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 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 drawn the attention of this Court to a compromise deed dated

16.06.2023 and subsequent compromise deed dated

22.09.2023, drawn between the parties, a copy of which has been annexed as Annexure-7 to this application and with the records of the instant case, which shall form part of this application.

¶6This Court vide its order dated 29.08.2023 had directed the parties to appear before the court below and file a copy of the said compromise deed, which shall be verified by the court below and after verification of the compromise, a report be submitted to this Court.

¶7Pursuant to the said order dated 29.08.2023, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise deed dated 22.09.2023 drawn between the parties, an order dated 30.09.2023 has been passed by the court below verifying the said compromise.

¶8Learned counsel for the applicants has next submitted that in view of the said compromise as well as report of the court below and in order to maintain harmonious and cordial relations between the parties, entire proceedings against the applicants be 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 Case No. 4311 of 2022 (State Vs. Azam and others), arising out of Case Crime No. 349 of 2021, under Sections 498-A, 323, 504, 506, 354-B IPC and Section 3/4 of Muslim women (Protection of Rights on Marriage), Act 2019, Police Station Civil Lines, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad, are hereby quashed.

¶13This application under Section 482 CrPC is accordingly allowed. Order Date :- 6.11.2023 Subham High Court of Judicature at Allahabad