Rizwan Qureshi and 2 Others v. State of U.P.And Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 45691 of 2023 Applicant :- Rizwan Qureshi And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Sri Mohd. Razif, Advocate has filed short counter affidavit alongwith the vakalatnama on behalf of opposite party No. 2 today in Court, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, learned counsel for the opposite party No. 2 and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Criminal Case No. 21219 of 2023 (State vs. Rizwan and others) arising out of Case Crime No. 194 of 2022, under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act and Section 4 of (Muslim Women) Rights on Marriage Act, P.S.Lohamandi, District-Agra, pending in the court of Addl. Chief Judicial Magistrate, Court No. 9, Agra.

¶4Learned counsel for the applicants has submitted that opposite party No. 2 is the wife of applicant No. 1 and applicant Nos. 2 and 3 are her parents in-law and on account of matrimonial discord, the present criminal case was instituted against the applicants, however subsequently, with the intervention of the respected members of both the family and society, they have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other.

¶5Learned counsel for the applicant has next drawn the attention of the Court to a settlement-agreement dated 20.11.2023 drawn between the parties, a copy of which has been annexed as Annexue No. 1 to this application.

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

¶7Learned counsel for the opposite party no.2 has also appeared and has filed an affidavit on behalf of opposite party No. 2 and in paragraph-4 of the said affidavit, the said compromise has been acknowledged. It is further submitted that opposite party No. 2 does not want to proceed with the instant case. Learned counsel for opposite party No. 2, on instructions, has stated that she has no objection, if the entire proceedings are quashed.

¶8Learned AGA could not dispute the aforesaid facts.

¶9This Court is not unmindful of the judgements of the Apex Court in the cases of :-

¶1B.S. Joshi and others Vs. State of Haryana and another

(2003) 4 SCC 675.

¶2Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

¶3Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

¶4Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

¶5Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

¶6State of M.P. Vs. Laxmi Narayan (2019) 5 SCC 688. Wherein the 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 the law expounded by the Apex court in the aforesaid cases has been explained in detail.

¶10In the peculiar facts and circumstances of the case and the fact that all dispute between the parties have already been settled and applicant No. 1 and opposite party No. 2 have restored their relations and are living together as husband and wife for the last one and a half years alongwith two minor children and other family members, I am of the view that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

¶11Accordingly, the entire proceedings of Criminal Case No. 21219 of 2023 (State vs. Rizwan and others) arising out of Case Crime No. 194 of 2022, under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act and Section 4 of (Muslim Women) Rights on Marriage Act, P.S.Lohamandi, District-Agra, pending in the court of Addl. Chief Judicial Magistrate, Court No. 9, Agra, are hereby quashed.

¶12This application under Section 482 CrPC is accordingly allowed. Order Date :- 15.12.2023 KU High Court of Judicature at Allahabad