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2025 DAILYLAW 11867 (ALL)

PARVEZ KHAN v. State of UP AND ANOTHER

A482/2031/2024 · 2025-04-24

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64372 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2031 of 2024 Applicant :- Parvez Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Pandey Counsel for Opposite Party :- Anurag Pandey,G.A.,Sudhir Kumar (Chandraul) Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, learned counsel for opposite party no.2 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 criminal proceedings of Computer No. 37097 of 2022, C.N.R. No. U.P.M.O. 040424612022 (arising out of Case Crime No. 163 of 2021 (State of U.P. vs. Parvez Khan), pending in the Court of learned Chief Judicial Magistrate, Moradabad, under Section 3/4 The Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Kotwali, District Moradabad (U.P.) as well as charge sheet dated 02.01.2022 and cognizance order dated 31.05.2022. 3. On the basis of verification report submitted by learned Additional Chief Judicial Magistrate, Court No. 6, Moradabad dated 07.06.2024, entered between the parties which has been appended along with order sheet, it is crystal clear that 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. 4. 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. 5. 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. 6. In view of the aforementioned facts and circumstances, the entire criminal proceedings of Computer No. 37097 of 2022, C.N.R. No. U.P.M.O. 040424612022 (arising out of Case Crime No. 163 of 2021 (State of U.P. vs. Parvez Khan), pending in the Court of learned Chief Judicial Magistrate, Moradabad, under Section 3/4 The Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Kotwali, District Moradabad (U.P.) as well as charge sheet dated 02.01.2022 and cognizance order dated 31.05.2022 are hereby quashed. 7. Accordingly, the present application under Section 482 of the Code stands allowed. 8. The parties may file the copy of this order before the court concerned within three weeks from today. Order Date :- 25.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad