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2025 DAILYLAW 126599 (ALL)

MOHD. RIYAJ AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/1978/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13080 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1978 of 2025 Applicant :- Mohd. Riyaj And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Durgesh Shukla,Atul Sharma,Rahul Rai Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Shri Arvind Kumar Shukla, Advocate, has put in appearance for the private opposite party No.2 and has filed his Vakalatnama, which is taken on record. 2. Heard Shri Durgesh Shukla, learned counsel for the applicants, Shri Arvind Kumar Shukla, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 3. Instant application has been preferred by the applicant(s) for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the impugned chargesheet dated 20.09.2023 along with summoning order dated 07.11.2023 along with other consequential proceedings in Criminal Case No. 20211/2023, "State. Vs. Mohd. Riyaj & Ors.", currently pending before Learned Chief Judicial Magistrate, Pratapgarh arising out of Crime No. 336/2023, under Sections 323, 504, 506, 498A, 406, 376 of IPC and under Sections 3 and 4 of Dowry Prohibition Act, 1961 against the Applicant No.1 and under sections 323, 504, 506, 498A, 406of IPC and under Sections 3 and 4 of Dowry Prohibition Act, 1961 against the remaining ApplicantsP.S Kotwali City, District- Pratapgarh, on the basis of compromise dated 13.01.2025 (as contained in Annexure-1,2,4), in the interest of justice. To stay the further proceeding in Criminal Case No. 20211/2023, "State. Vs. Mohd. Riyaj & Ors.", currently pending before Learned Chief Judicial Magistrate, Pratapgarh arising out of Crime No. 336/2023, under sections 323, 504, 506, 498A, 406, 376 of IPC and under Sections 3 and 4 of Dowry Prohibition Act, 1961 against the Applicant No.1 and under sections 323, 504, 506, 498A, 406 of IPC and under Sections 3 and 4 of Dowry Prohibition Act,1961 against the remaining Applicants, Police Station - Kotwali City, District - Pratapgarh, during the pendency of this Petition before this Hon'ble Court in the interest of justice." 4. It is stated that the dispute in fact is a matrimonial dispute which is between the applicant no.2 -Mohd. Nafees and opposite party no.2 and therefore the opposite party no.2 made a written complaint and based upon the same the FIR was lodged as FIR No.0336 of 2023 on 06.06.2023 under Sections 3 and 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 and Section 3/4 of Dowry Prohibition Act, 1961, Sections 406, 354, 498-A, 506, 504 and 323 I.P.C. against Mohd. Nafees (husband), Kamarjahan (mother-in-law), Shabnam Bano (sister-in-law/nanad), Mohd. Ayub @ Munna (father-in-law), Afroz Bano (sister-in-law/jethani), Amjad (brother-in-law/jeth) and Mohd. Riyaz (brother-in-law/devar). 5. It is further stated that as per the allegation levelled in the FIR, the applicant no.1 -devar tried to outrage the modesty of opposite party no.2 and during investigation the opposite party no.2 levelled allegations to attract offence under Section 376 I.P.C. 6. It is further stated that the matrimonial dispute has been settled with the interference of respectable persons of the society including the family members of the opposite party no.2 which can be deduced from the compromise deed annexed as Annexure No.4. 7. It is further submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.4 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. 8. Learned counsel for opposite party no.2 supported the case of the applicants. 9. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court as such compromise has to be duly verified in presence of the parties concerned before the Court. 10. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within four week's from today. (ii) If the parties appear before the concerned court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned court shall conclude the process of verification of compromise within four week's from the date of production of copy of this order. (iv) The concerned court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. Order Date :- 4.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench