Mohd. Usman Ansari @ Commander v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11981 of 2023 Applicant :- Mohd. Usman Ansari @ Commander Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Mohd Shadab Khan Counsel for Opposite Party :- G.A.,Mohammad Aamir Zia Hon'ble Saurabh Lavania,J. Sri Mohd. Aamir Zia learned Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and filed his Vakalatnama, which is taken on record. Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:- "For the facts and reasons disclosed in the accompanying affidavit, it is most respectfully prayed that this Honble Court may kindly be pleased to quash/set aside the entire criminal proceedings of Crime Case No.43658 of 2022 (State Versus Mohd. Usman @ Commander) including summoning order dated 25.4.2022 passed by Additional Chief Judicial Magistrate, Room No.5, Lucknow in Criminal Case no.392 of 2020 (State Versus Mohd. Usman @ Commander) arising out of Case Crime No.392 of 2020 under section 498-A, 323, 342, 504, 506 IPC & 3/4 Dowry Prohibition Act & 3/4 Muslim Woman Protection Act, 2019 relating to Police Kotwali, Chowk, Lucknow and Charge Sheet No.1 dated 11.10.2021 as contained in annexure no.1 and 2 respectively to the petition on compromise arrived at between the parties." It is stated that after considering the averments made in the Application U/S 482 No. 6953 of 2023 and the documents on record as also the submissions made by the learned counsel for the applicant, this Court vide order dated 29.08.2023 referred the matter to the trial court for the purpose of verification of the compromise entered into between the parties and a perusal of the order dated 26.10.2023 of the trial court (Annexure No.6) would show that parties have settled their dispute as such the prayer sought in the present application be acceded in the light of Settlement Agreement/compromise. With regard to acceding the prayer sought in the present application on the basis of compromise/settlement, the learned counsel for the applicant has placed reliance on the judgments of the Apex Court in the case of Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409. Learned Additional Government Advocate could not dispute the fact that the compromise has been entered into between the parties and now the opposite party no. 2 does not want to proceed with the proceedings in issue. Considering the submissions advanced by learned counsel for the parties and the order dated 26.10.2023 of trial court as also taking note of the observations made by Hon'ble Apex Court in the judgments referred above and the nature of dispute/crime, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court and hence, the same are hereby quashed. Accordingly, the present application U/S 482 Cr.P.C. is allowed. Office is directed to send a copy of this order to the court concerned through email/fax immediately for necessary compliance. Order Date :- 11.12.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench