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2025 DAILYLAW 104024 (ALL)

NAEEM UDDIN AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/34780/2024 · 2025-07-16

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115636 Court No. - 76 Case :- APPLICATION U/S 482 No. - 34780 of 2024 Applicant :- Naeem Uddin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Razif,Najakat Ali,Utkarsh Narendra Gupta Counsel for Opposite Party :- Azhar Hussain,G.A. With Case :- APPLICATION U/S 482 No. - 30475 of 2023 Applicant :- Mahmood And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A.,Krishna Kant Pandey,Ramendra Kumar Tripathi Hon'ble Vikram D. Chauhan,J. 1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants, Sri Azhar Hussain, learned counsel for the opposite party no.2 in Application under Section 482 No. 34780 of 2024 and for applicant no. 8 in Application under Section 482 No. 30475 of 2023 and learned A.G.A. for the State. 3. Application under Section 482 No. 34780 of 2024 has been filed by the applicants for quashing the charge sheet dated 12.01.2020 as well as entire further proceeding of Case Crime No. 1171 of 2019 (State Vs. Naimuddin and others) under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Tajganj, District Agra, pending in the court of Chief Judicial Magistrate Agra as per the compromise taken place between the parties and Application under Section 482 No. 30475 of 2023 has been filed by the applicants for setting aside the order dated 6.2.2023 passed by Chief Judicial Magistrate, District Firozabad which has been passed during the proceedings in Criminal Complaint Case No. 21553 of 2021 (Naimuddeen Vs. Mahmood and others) registered at Police Station Ramgarh, District Firozabad, by which he summoned the applicants for facing the trial under Sections 323, 504, 427, 506 I.P.C., pending before the Chief Judicial Magistrate, District Firozabad as well as the entire further proceedings in Criminal Complaint Case No. 21553 of 2021 (Naimuddeen Vs. Mahmood and others) registered at Police Station Ramgarh, District Firozabad by which he summoned the applicants for facing trial under Sections 323, 504, 427, 506 I.P.C., pending before the Chief Judicial Magistrate, District Firozabad. 4. The bank draft re-validated on 11.7.2025 of Rs. 4,50,000/- bearing no. 773053 issued by Canara Bank, Firozabad Dakiyan Street Branch in the name of Miss Nazreen Khan is produced by learned counsel for the applicants before this Court. The bank draft has been produced in compliance of the order dated 10.7.2025 of this Court. The said bank draft has been handed over to Sri Azhar Hussain, learned counsel for the opposite party no.2 - Smt. Nazreen. 5. Both learned counsels in the presence of applicant no. 1-Naeem Uddin (husband) and opposite no. 2-Smt. Nazreen agree that the criminal proceedings in both cases may be quashed. 6. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 6.5.2025 and the same has been verified by the court concerned on 23.6.2025, therefore, the present case be finally decided. 7. Learned counsel for opposite party no.2 has not disputed the facts as stated by learned counsel for the applicants. He further contended that opposite party no.2 does not want to proceed with the criminal case against the applicants and the same may be quashed. 8. Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings. 9. Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a matrimonial dispute and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed. 10. It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 11. In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the compromise dated 6.5.2025, no useful purpose would be served in proceeding with the matter further. 12. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid cases are hereby quashed. 13. The present applications are accordingly, allowed. Order Date :- 17.7.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad