SMT. AMNA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/27159/2016 · 2025-04-02
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13663 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13663 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:47074 Court No. - 74 Case :- APPLICATION U/S 482 No. - 27159 of 2016 Applicant :- Smt. Amna And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Ahmad,Mohammad Danish,Saif Ali Khan Counsel for Opposite Party :- G.A.,Satyendra Narayan Singh,Shiv Prakash Hon'ble Saurabh Srivastava,J.
1. Instant matter has been mentioned to be taken up out of turn from the additional cause list and the notice regarding mentioning of the instant matter has already been served upon Shri Shiv Prakash Singh,learned counsel appearing on behalf of opposite party no.2. At the same time supplementary affidavit has also been preferred by learned counsel for the applicants through which certified copy of the verification made over the compromise entered by both the parties has also been placed, verification order dated 15.7.2024 is available at page no.19 of the second supplementary affidavit dated 2.4.2025.
2. After having certified copy of the verification, no fruitful purpose shall be served by way of keeping matter pending at the behest of non-appearance of learned counsel for opposite party no.2.
3. Present petition has been preferred with a prayer to issue a writ,
order or direction in the nature of certiorari quashing the charge sheet no. 01/33 of 2016 dated 10.3.2016 (State vs. Athar Husain & others), entire proceeding in F.I.R. No.0237 of 2015, Case No. 2838 of 2016, Case Crime No.220 of 2015, under Sections 498-A, 323, 506 IPC & 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad pending in the court of Additional Chief Judicial Magistrate, Court No.6, Moradabad. 4. Learned counsel for petitioner submitted that the parties had entered into out of court compromise on 24.6.2024 and the same has also been verified by Civil Judge (JD), rime against Women vide order dated 15.7.2024 which is annexed as Annexure no.- S.A.1 to the Second Supplementary affidavit dated 2.4.2025. 5. 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. 6. 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. 7. 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.\
8. In view of the aforementioned facts and circumstances, charge sheet no.
01/33 of 2016 dated 10.3.2016 (State vs. Athar Husain & others), entire proceeding in F.I.R. No.0237 of 2015, Case No. 2838 of 2016, Case Crime No.220 of 2015, under Sections 498-A, 323, 506 IPC & 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad pending in the court of Additional Chief Judicial Magistrate, Court No.6, Moradabad are hereby quashed. 9. Accordingly, the present petition stands allowed. 10. The parties may file the copy of this order before the court concerned.
Order Date :- 3.4.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad