Arshad Ullah and 2 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 41352 of 2023 Applicant :- Arshad Ullah And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abdul Majeed,Sufia Saba Counsel for Opposite Party :- G.A.,Firoz Haider Hon'ble Rajiv Gupta,J.

¶1Learned counsel for the opposite party no.2 has filed short counter affidavit today in Court, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, Shri Firoz Haider, learned counsel for the opposite party no.2 and perused the record.

¶3Learned counsel for the applicants has submitted that applicant no.1 is husband, applicant no.2 is father-in-law and applicant no.3 is sister-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 have decided to live separately 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 settlement agreement dated

21.10.2021 drawn between the parties, a copy of which has been annexed as Annexure 3 to this application.

¶5Learned counsel for the applicants has next submitted that as per the said settlement agreement, applicant no.1 has agreed to pay a sum of Rs.1,90,000/- to opposite party no.2 in lieu of all her claims and dues and the said entire amount has already been paid to her and now, nothing remains to be paid.

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

¶7Learned counsel for the opposite party no.2 has also appeared and has filed an affidavit on her behalf and in para 9 of the said affidavit, settlement agreement drawn between the parties has been acknowledged. Further in para 11, it has been stated that in view of the settlement agreement, the present application under Section 482 CrPC be decided.

¶8Learned counsel for the opposite party no.2 has further submitted, on instructions, that opposite party no.2 has no objection, if the entire proceedings are quashed.

¶9Learned AGA could not dispute the aforesaid facts.

¶10This 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.

¶11Wherein 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.

¶12Considering 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.

¶13Accordingly, the entire proceedings of Case No. 3592 of 2009 (State Vs. Arshad Ullah and Others), arising out of Case Crime No. 1291 of 2009, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Gorakhnath, District Gorakhpur, pending in the court of Additional Chief Judicial Magistrate-1st, Gorakhpur, are hereby quashed.

¶14This application under Section 482 CrPC is accordingly allowed. Order Date :- 13.12.2023 Nadim High Court of Judicature at Allahabad