Mohd. Shariq and Another v. State of U.P.And Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 38928 of 2023 Applicant :- Mohd. Shariq And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Balbir Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Compromise affidavit filed on behalf of opposite party No. 2 today in Court, is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, Shri Yogesh Kumar Tripathi holding brief of Ms. Pooja Yadav, learned counsel for the opposite party No. 2 and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 20.9.2029 as well as entire proceedings of Case No. 161 of 2020 arising out of Case Crime No. 0624 of 2019, under Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, P.S. Delhi Gate, District-Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh.

¶4Learned counsel for the applicants has submitted that opposite party No. 2 is the wife of applicant No. 1 and applicant No. 2 is his sister and on account of matrimonial discord, the present criminal case was instituted against the applicants, however subsequently, with the intervention of the respected members of both the families and society, they 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 the Court to the compromise application dated 18.7.2023 supported by an affidavit, a copy of which has been annexed as Annexue No. 3 to this application.

¶6Learned counsel for the applicants has next submitted that in view of the compromise made between the parties and in order to maintain harmonious and cordial relations between them, entire proceedings be quashed against the applicants.

¶7Learned counsel for the opposite party no.2 has also appeared and has filed an affidavit on behalf of opposite party No. 2 and in paragraph-3 of the said affidavit, the said compromise has been acknowledged. In paragraph-4 of the said affidavit, it has been further stated that opposite party No. 2 do not want to pursue the instant case. Further in paragraph-5, it has been stated that opposite party No. 2 has no objection, if the entire proceedings are quashed.

¶8Learned AGA could not dispute the aforesaid facts.

¶9This Court is not unmindful of the judgements of the Apex Court in the cases of :-

¶1B.S. Joshi and others Vs. State of Haryana and another

(2003) 4 SCC 675.

¶2Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

¶3Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

¶4Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

¶5Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

¶6State of M.P. Vs. Laxmi Narayan (2019) 5 SCC 688. 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 the law expounded by the Apex court in the aforesaid cases has been explained in detail.

¶10In the peculiar facts and circumstances of the case and the fact that all dispute between the parties have already been settled and applicant No. 1 and opposite party No. 2 have restored their relations and are living together as husband and wife for the last one and a half years alongwith two minor children and other family members, I am of the view that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

¶11Accordingly, the entire proceedings of Case No. 161 of 2020 arising out of Case Crime No. 0624 of 2019, under Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, P.S. Delhi Gate, District-Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh, are hereby quashed.

¶12This application under Section 482 CrPC is accordingly allowed. Order Date :- 7.11.2023 KU High Court of Judicature at Allahabad