Mohd. Mehndi Athar Khan @ Muzaffar Khan and 2 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 37243 of 2023 Applicant :- Mohd. Mehndi Athar Khan @ Muzaffar Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Hasham Counsel for Opposite Party :- G.A.,Syed Faiz Hasnain Hon'ble Rajiv Gupta,J.

¶1An 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 Syed Faiz Hasnain, learned counsel for the opposite party no.2 and perused the record.

¶3Learned counsel for the applicants has submitted that applicant no.1 is the husband, applicant no.2 is brother-in-law of opposite party no.2 and on account of matrimonial discord, the instant criminal case was instituted against the applicants, however subsequently, with the intervention of respected members of both the family and the society, the parties have amicably and genuinely settled their all disputes and differences and now, they do not have any grievance against each other.

¶4Learned counsel for the applicants has next drawn the attention of the Court to the compromise application dated

22.08.2023 supported by an affidavit, a copy of which has been annexed as Annexure 5 to this application.

¶5Learned counsel for the applicants has next submitted that in view of the said compromise made between the parties and in order to maintain harmonious and cordial relations relations between them, the entire proceedings be quashed.

¶6Learned counsel for the opposite party no.2 has also appeared and has filed an affidavit on her behalf and in para 3 of the said affidavit, said compromise has been acknowledged and it has been stated that in lieu of all her claims and dues, applicant no.1 had already paid a sum of Rs.14,50,000/- to the opposite party no.2 and now, nothing remains to be paid. Further in para 8, it has been stated that opposite party no.2 has no objection, if the entire proceedings are quashed.

¶7Learned AGA could not dispute the aforesaid facts.

¶8This Court is not unmindful of the judgements of the Hon'ble 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.

¶9Wherein Hon'ble 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.

¶10Considering 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 present case.

¶11Accordingly, the entire proceedings of Criminal Case No. 12255 of 2023 (State Vs. Mohd. Mehndi Athar Khan @ Muzaffar Khan and Others), arising out of Case Crime No. 77 of 2022, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad, pending in the court of Civil Judge (Jr. Div.)/ Fast Track Court (Crimes Against Women), Moradabad, are hereby quashed.

¶12This application under Section 482 CrPC is accordingly allowed. Order Date :- 8.11.2023/Nadim High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad