Mohd. Hasan and 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 41833 of 2023 Applicant :- Mohd. Hasan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sayeed Saif Ullah,Sufia Saba Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Sri Firoz Haider, advocate put in appearance on behalf of opposite party no.2 and has filed vakalatnama, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA and Sri Firoz Haider, learned counsel for the opposite party no.2.

¶3The present application under section 482 Cr.P.C. has been filed for quashing the entire proceeding of Complaint Case No. 390 of 2021 (Sayeed Ahmad vs. Mohd. Hasan and others), under Section 498-A IPC, Police Station-Fatehpur, District-Saharanpur, pending in the Court of Civil Judge (J.D.)/F.T.C., Saharanpur

¶4Learned counsel for the applicants submitted that present matter relates to matrimonial dispute and applicant no. 1 (husband) and opposite party no. 2 (wife) have entered into compromise and decided to live together. He next submitted that compromise has also been filed before Civil Judge (J.D.)/ F.T.C., Saharanpur on

22.09.2023. Lastly, he submitted that in light of compromise, present proceeding may be quashed.

¶5Sri Firoz Haider, learned counsel for the opposite party no.2 has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.

¶6In view of above, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

¶7Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of the aforesaid case is hereby quashed.

¶8The present application is, accordingly allowed. No order as to costs. Order Date :- 22.11.2023 Arvind High Court of Judicature at Allahabad