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2025 DAILYLAW 103525 (ALL)

ABDUL SABIR v. STATE OF U.P. AND ANOTHER

A482/34007/2024 · 2025-04-22

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81985 Court No. - 74 Case :- APPLICATION U/S 482 No. - 34007 of 2024 Applicant :- Abdul Sabir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Priti Verma,Siya Ram Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Siya Ram Verma, learned counsel for applicant and learned AGA for State. 2. Present application u/s 482 Cr.P.C has been preferred with a prayer to allow the instant application and stay and quash the entire proceedings of Criminal Case No.389 of 2022 "State of U.P. Vs. Abdul Sabir", Case Crime No.188 of 2021 under Section 498A IPC and under Section-4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Kidwai Nagar, District Kanpur Nagar and Charge Sheet dated 19.12.2021 as well as Cognizance order dated 7.1.2022 passed by/pending in the court of learned Additional Civil Judge (Senior Division) 06, Kanpur Nagar. 3. On the basis of verification report submitted by learned Additional Civil Judge (Senior Division), Court No.6, Kanpur Nagar on the compromise application dated 19.12.2024, entered between the parties which is available on record. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and it has been jointly submitted that there would be no harm and error and it would be in the interest of justice that the proceedings may be quashed in light of the compromise. 5.A three-Judge Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the said judgment that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor. 6. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has also observed that where matters are also of civil nature i.e. matrimonial, family disputes, etc. the Court may consider "special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties. 7. In view of the aforementioned facts and circumstances, the entire proceeding of Criminal Case No.389 of 2022 "State of U.P. Vs. Abdul Sabir", Case Crime No.188 of 2021 under Section 498A IPC and under Section-4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Kidwai Nagar, District Kanpur Nagar and Charge Sheet dated 19.12.2021 as well as Cognizance order dated 7.1.2022 passed by/pending in the court of learned Additional Civil Judge (Senior Division) 06, Kanpur Nagar, are hereby quashed. 8. Accordingly, the present application under Section 482 of the Code stands allowed. Order Date :- 23.4.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad