Hafiz Mohammad Saleem @ Mohammad Saleem v. State of U.P. Thru. Secy. Home, Civil Sectt. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 9822 of 2023 Applicant :- Hafiz Mohammad Saleem @ Mohammad Saleem Opposite Party :- State Of U.P. Thru. Secy. Home, Civil Sectt. Lko. And Another Counsel for Applicant :- Ashish Kumar Verma,Tushar Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Brahmendra Pratap Singh, Advocate has put in appearance by filing Vakalatnama on behalf of the opposite party no.2 and the same is taken on record. Heard Ms. Neelu Verma and Sri Ashish Kumar Vrema,learned counsels for the applicant, Sri Girijesh Kumar Dwiviedi, learned A.G.A. for the State, Sri Brahmendra Pratap Singh, learned counsel for the opposite party no.2 and perused the record. By means of the instant application, the applicants have prayed for quashing of the entire proceedings of Case No. 6937 of 2019 (State Vs. Hafiz Mohammad Saleem and another) relating to Case Crime No. 0568 of 2017, under sections 498-A,323,506,342 of I.P.C. and Section 3/4 of the Dowry

Prohibition

Act,

Police

Station-Mahanagar,District-Lucknow

including

the summoning order dated 22-02-2019 passed by the learned Additional Chief Judicial Magistrate, Court No. 28, Lucknow and the Chargesheet dated 16-08-2018 submitted by the Investigating OfÏcer of the aforesaid case crime number. Learned counsel appearing for the applicant submits that the matter pertains to the matrimonial dispute and due to some misunderstanding the instant FIR was lodged and thereafter the parties sat together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated

05.08.2023. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicant would be a futile exercise and amount to harassment of the applicants. Adding his arguments, he also submits that this Hon'ble Court vide order dated 17.08.2023 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 8034 of 2023 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 05.08.2023 has been verified in presence of all concerned parties and the order of verification was passed on 29.08.2023 by the learned Additional Chief Judicial Magistrate, C.B.I.(A.P.),Lucknow. He next added that now the matter has been compromised between the parties, and as such the proceedings of Criminal Case No. 6937 of 2019 (State of U.P. versus Hafiz Mohammad Saleem and another) arising out of Case Crime No. 0568 of 2017, under Sections 498-A, 323, 506,342 of IPC and Section 3/4 of the Dowry Prohibition Act, Police Station-Mahanagar, District - Lucknow may be quashed. It has been pointed out that one of the co-accused namely, Ameen Hasan, died during the aforesaid period of time. On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicant and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped. On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 05.08.2023 and said compromise has been verified on 29.08.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State versus Hafiz Mohammad Saleem and another, arising out of aforementioned Case Crime No.0568 of 2017. In view of the above, as the applicant and opposite parties have entered into compromise on

05.08.2023 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. Resultantly, the proceedings of Criminal Case No. 6937 of 2019 (State of U.P. versus Hafiz Mohammad Saleem and another) arising out of Case Crime No. 0568 of 2017, under Sections 498-A, 323, 506,342 of IPC and Section 3/4 of the Dowry Prohibition Act, Police Station-Mahanagar, District - Lucknow,are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 10.10.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench