Mohd. Baqar Alias Saif Hasan Naqvi and 6 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 29 Case :- APPLICATION U/S 482 No. - 2561 of 2024 Applicant :- Mohd. Baqar Alias Saif Hasan Naqvi And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Pradyumn Shukla Counsel for Opposite Party :- G.A.,Qasim Abbas Zaidi Hon'ble Ajay Bhanot,J. Heard Shri Pradyumn Shukla, learned counsel for the applicant, Shri Qasim Abbas Zaidi, learned counsel for the opposite party No.2 and Shri Girjesh Kumar Dwivedi, learned A.G.A. for the State. The application U/S 482 Cr.P.C. has been filed by the applicant to quash the proceedings of the Case No.44636 of 2023 (State v. Mohd. Baqar @ Saif Hasan Naqvi & others arising out of case crime no.87 of 2021 under Sections 498A, 323, 504, 506 IPC and Sections 3/4 D.P. Act relating to Police Station-Saadat Ganj, District-Lucknow, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.34, Lucknow and the impugned charge-sheet No.96 of 2023 dated 25.10.2021 as well as impugned summoning order dated 03.05.2023 passed by the learned Additional Chief Judicial Magistrate-III, Lucknow. Shri Pradyumn Shukla, learned counsel for the applicant, Shri Qasim Abbas Zaidi, learned counsel for the opposite party No.2 submit that the criminal proceedings arise out of a matrimonial dispute. The dispute between the parties has been amicably resolved. They have arrived at a compromise which was reduced to writing. The compromise has also been duly verified by the learned trial court by order dated 12.02.2024. No useful purpose would be served by keeping the application pending. In the wake of the aforesaid, the proceedings of the Case No.44636 of 2023 (State v. Mohd. Baqar @ Saif Hasan Naqvi & others arising out of case crime no.87 of 2021 under Sections 498A, 323, 504, 506 IPC and Sections 3/4 D.P. Act relating to Police Station-Saadat Ganj, District-Lucknow, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.34, Lucknow and the impugned charge-sheet No.96 of 2023 dated 25.10.2021 as well as impugned summoning order dated 03.05.2023 passed by the learned Additional Chief Judicial Magistrate-III, Lucknow are quashed. The Application U/S 482 Cr.P.C. is allowed. Order Date :- 18.3.2024 Ashish Tripathi High Court of Judicature at Allahabad, Lucknow Bench