Asif Khan and 4 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 23081 of 2022 Applicant :- Asif Khan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Prasad Counsel for Opposite Party :- G.A.,Babul Kumar Sharma Hon'ble Vinod Diwakar,J.

¶1Heard Rajendra Prasad, learned counsel for the applicants, Shri B.K. Sharma, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the entire record including the compromise verification report of the court concerned.

¶2This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet no. 11/2021, dated 20.02.2021 as well as entire proceedings of Case No. 2846 of 2021 titled as State v. Asif Khan and Others, arising out of Case Crime No. 59 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Mahila Thana, District Jhansi, pending in the Court of Chief Judicial (J.D.)/F.T.C. (C.A.W.), Jhansi on the basis of compromise.

¶3It is submitted by learned counsel for the applicants that since parties had settled their dispute outside the court, therefore, they were directed to appear before the court concerned for verification of the compromise vide order dated 17.08.2022. In compliance thereof, parties appeared before the court below and got the compromise verified on 29.08.2022 by the court below. The certified copy of verification of compromise has been placed on record. It is further submitted that since parties have settled the dispute, and opposite party no.2 does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending.

¶4Learned counsel for opposite party no.2 submits that since the dispute between the parties has been settled, opposite party no.2 has no objection if the proceedings of the aforesaid case pending before the trial court is quashed.

¶5I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.

¶6Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak and thus no fruitful purpose would be served.

¶7In view of the above, the application under Section 482 Cr.P.C. is allowed.

¶8Accordingly, the charge-sheet no. 11/2021, dated 20.02.2021 as well as entire proceedings of Case No. 2846 of 2021 titled as State v. Asif Khan and Others, arising out of Case Crime No. 59 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Mahila Thana, District Jhansi, pending in the Court of Chief Judicial (J.D.)/F.T.C. (C.A.W.), Jhansi against the applicants, are hereby quashed. Order Date :- 4.12.2023 Shafique (Vinod Diwakar, J.) High Court of Judicature at Allahabad