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2025 DAILYLAW 10613 (ALL)

SHAHNAJ BEGUM AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/5166/2023 · 2025-02-27

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28892 Court No. - 74 Case :- APPLICATION U/S 482 No. - 5166 of 2023 Applicant :- Shahnaj Begum And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra,Himanshu Giri Counsel for Opposite Party :- G.A.,Salamuddin Khan Hon'ble Vikas Budhwar,J. 1. Heard Sri Himanshu Giri, learned counsel for the applicant, Sri S.K. Singh, learned AGA for the State and Sri Salamuddin Khan, learned counsel for the opposite party No. 2. 2. This Court on 04.04.2023 proceeded to pass the following order: "Heard learned counsel for the applicants and Sri Rupak Chaubey, learned A.G.A. for the State- opposite party. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 27403 of 2022, State v. Mohd. Jahid and others, arising out of Case Crime No. 15 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Fatehpur pending in the Court of the Civil Judge (Junior Division)/F.T.C., Fatehpur as well as the cognizance/ summoning order dated 02.09.2022 passed in the said case. It is contended that the applicant nos.1, 2 and 3 are mother-in-law, father-in- law and brother-in-law of the opposite party no.2 respectively. The husband as well as entire family members of the husband has been falsely implicated in the present case by the opposite party no. 2 on the general allegations, which are against the well settled principles of law as laid down by the Hon'ble Supreme Court in the matter of Geeta Mehrotra and Another Vs. State of Uttar Pradesh, 2012 (10) SCC 741. Matter requires consideration. Learned A.G.A. appears for the opposite party no. 1. Issue notice to the opposite party no. 2 by registered post. The opposite parties may file counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. Place this case on 31.05.2023 in the additional cause list. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case. " 3. Thereafter on 07.01.2025, the following order was passed: "1. Heard learned counsel for the applicants, learned counsel for the O.P. No.2 as well as learned A.G.A. for the State-opposite parties no.1. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire proceedings of Case No. 27403 of 2022, State v. Mohd. Jahid and others, arising out of Case Crime No. 15 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Fatehpur pending in the Court of the learned Civil Judge (Junior Division)/F.T.C., Fatehpur as well as the cognizance/ summoning order dated 02.09.2022 passed in the said case. 3. It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed. 4. Learned counsel for the opposite party No.2 has nodded the factum of the compromise entered into between the parties and he has no objection, in case matter is referred before the court below for verification of compromise. It is further submitted that opposite party no.2 is no more inclined to prosecute the criminal proceeding against the applicants. Therefore, instant application may be allowed and criminal proceedings against the applicants may be quashed. 5. Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise. 6. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 27/28.01.2025 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed. 7. List this matter on 28.02.2025, along with compromise verification report submitted/sent by the court concerned, if any. 8. Till the next date of listing, interim order, if any, is extended. " 4. There is a report dated 27.01.2025 of the In-charge Civil Judge (JD)/ FTC showing the fact that compromise has been entered into between the parties and the same stands verified also. 5. Learned AGA as well a the counsel for the opposite party No. 2 has no objection if the proceedings against the applicants are quashed. 6. Thus, this Court finds that there is no reason to proceed with the matter. 7. Accordingly, the application is allowed. 8. The proceedings of Criminal Case No. 27403 of 2022, (State vs. Mohd Jahid Khan and Ors) arising out of Case Crime No. 15 of 2021, under Sections 498A, 323, 504, 506 IPC, 3/4 DP Act Police Station Mahila Thana, District Fatehpur pending in the Court of Civil Judge (J.D.) F.T.C., Fatehpur be quashed. Order Date :- 28.2.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad