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Mohd. Asif Khan & Ors. vs State Of U.P. & Anr. on 7 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- U/S 482/378/407 No. – 7840 of 2019

Applicant :- Mohd. Asif Khan Ors.

Opposite Party :- State Of U.P. Anr.

Counsel for Applicant :- Qazi Mohd.Ahmad

Counsel for Opposite Party :- G.A.

Hon’ble Dinesh Kumar Singh,J.

1. The present petition under Section 482 Cr.P.C. has been filed for quashing of the proceedings in Case No.5388 of 2017 arising out of Crime No.0466 of 2015 under Sections 323, Section506, Section498A IPC, 3/4 SectionDowry Prohibition Act, Police Station Hasanganj, District Lucknow pending in the Court of Judicial Magistrate-II, Lucknow.

2. The ground for quashing of the proceedings is that the parties have entered into compromise and compromise deed is placed on record as Annexure-3 to the petition.

3. The complainant is represented by Mr. Aftab Alam, Advocate and Mr. Dilshad Ahmad Siddiqui, Advocate who file their Vakalatnama on her behalf which is taken on record. The complainant is present in the court and said that because of matrimonial discord she filed a case against her husband and her in-laws. Now they have settled their dispute mutually and she is living in peace with her in-laws and she does not want to prosecute the petitioners.

The complainant has identified her signature put on the compromise deed.

4. Impugned criminal proceedings are result of matrimonial discord. The parties have settled their dispute amicable outside the Court.

5. Considering the aforesaid facts and the law laid down by the Supreme Court in the cases of SectionB. S. Joshi and others vs State of Haryana and another :(2003) 4 SCC 675, SectionNikhil Merchant vs C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh vs Station of Punjab: (2010) 15 SCC 118 and SectionNarinder Singh and others vs State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

6. In view of the aforesaid aspect, the petition is allowed and proceedings of Case No.5388 of 2017 arising out of Crime No.0466 of 2015 under Sections 323, Section506, Section498A IPC, 3/4 SectionDowry Prohibition Act, Police Station Hasanganj, District Lucknow pending in the Court of Judicial Magistrate-II, Lucknow are hereby quashed.

However, this order would be subject to deposition of Rs.21,000/- by the petitioners with the Army Battle Casualty Welfare Fund within a period of four weeks from today.

Order Date :- 7.11.2019

prateek

 

 

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