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

Court No. - 92 Case :- APPLICATION U/S 482 No. - 16181 of 2021 Applicant :- Wasim Khan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Kumar Shukla,Dhirendra Bahadur Singh Counsel for Opposite Party :- G.A.,Om Prakash Hon'ble Anish Kumar Gupta,J.

¶1Heard Sri Dhirendra Bahadur Singh, learned counsel for the applicants, Ms. S. Ansari, learned Advocate, holding brief of Sri Om Prakash, learned counsel for the Opposite Party No.2 and Sri Akhilesh Kumar Srivastava, learned AGA for State.

¶2The instant application, under Section 482 Cr.P.C., has been filed seeking quashing of the entire proceedings of Complaint Case No. 318 of 2021, under Sections 498A, 323, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Navabad, District Jhansi as well as impugned charge sheet No. 427 of 2020 dated

14.10.2029 and cognizance order dated 11.01.2021 arising out of Case Crime No. 284 of 2020, pending before the Chief Judicial Magistrate, Jhansi.

¶3Learned counsel for the applicants submits that this was a matrimonial dispute between the parties, which has been amicably settled and on 03.10.2022, a compromise was arrived at between the parties. Vide order dated 17.05.2023, this court has directed the parties to appear before the trial court for verification of compromise. Learned counsel further submits that in terms of the said order passed by this Court, the parties had appeared before the trial court and compromise has been duly verified by the trial court concerned.

¶4Learned counsel for the applicants further submits that in terms of the aforesaid settlement, the parties have dissolved their marriage and the articles, mehar etc. have been exchanged. It has been agreed by the Opposite Party No.2 that she will not make any further claim against the applicants herein.

¶5In view of the aforesaid settlement, the learned AGA for State do not oppose the prayer for quashing of the entire proceedings against the applicants herein.

¶6In view thereof, since it was matrimonial dispute, which has been amicably settled between the parties and the parties had entered into a compromise, which had been duly verified by the trial court in terms of order dated 17.5.2023.

¶7In view thereof, the instant application is allowed and the entire proceedings of Complaint Case No. 318 of 2021, under Sections 498A, 323, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Navabad, District Jhansi as well as impugned charge sheet No. 427 of 2020 dated 14.10.2029 and cognizance order dated 11.01.2021, arising out of Case Crime No. 284 of 2020, pending before the Chief Judicial Magistrate, Jhansi, are hereby quashed. Order Date :- 8.12.2023 Akram High Court of Judicature at Allahabad