IQBAL MALIK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/9807/2024 · 2025-03-07
Om Prakash Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167320 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167320 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14233 Court No. - 30 Case :- APPLICATION U/S 482 No. - 9807 of 2024 Applicant :- Iqbal Malik Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A.,Firoz Ahmad Khan,Toshendra Kumar with Case :- APPLICATION U/S 482 No. - 1409 of 2025 Applicant :- Khusnood Malik And 4 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party no. 2 and perused the record.
2. Since both the applications under Section 482 Cr.P.C. (Now Section 528 of B.N.S.S., 2023) arise out of same criminal case number, therefore, they are being heard and decided together by a common order.
3. These applications under Section 482 Cr.P.C. (Now Section 528 of B.N.S.S., 2023) have been filed for quashing of the entire proceedings of Criminal Case No.4600 of 2023; State vs. Iqbal Malik and Others, arising out of Case Crime No.87 of 2022 under Sections 498-A, 323, 406 and 504 I.P.C. and Section 3/4 of Dowry Prohibition Act relating to the Police Station-Mahila Thana, District-Ambedkar Nagar pending in the court of learned Civil Judge (Junior Division), F.T.C.-I/Judicial
Magistrate, Ambedkar Nagar as well as impugned charge sheet No.A-86/2022 dated 19.11.2022 submitted by the Investigating Officer against the applicants under Sections 498-A, 323, 406 and 504 I.P.C. and Section 3/4 of Dowry Prohibition Act and impugned cognizance/summoning order dated 09.02.2023 passed by learned Civil Judge (Junior Division), F.T.C.- I/Judicial Magistrate, Ambedkar Nagar.
4. It has been contended by learned counsel for the applicants that the dispute between the parties is matrimonial in nature. A coordinate Bench of this Court vide order dated 18.11.2024 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 16.01.2025 between the parties, which is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para- F of the settlement agreement dated
16.01.2025.
5. On the other hand, learned A.G.A. as well as learned Counsel appearing for opposite party No.2 supported the version of
learned Counsel for the applicants and submits that there is no further dispute and thus, the criminal proceedings against the applicants may be quashed.
6. Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.
7. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further.
8. Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 16.01.2025 before the Mediation and Conciliation Centre of this Court, the present applications are allowed and the entire proceedings of Criminal Case No.4600 of 2023; State vs. Iqbal Malik and Others, arising out of Case Crime No.87 of 2022 under Sections 498-A, 323, 406 and 504 I.P.C. and Section 3/4 of Dowry Prohibition Act relating to the Police Station-Mahila Thana, District-Ambedkar Nagar pending in the court of learned Civil Judge (Junior Division), F.T.C.-I/Judicial Magistrate, Ambedkar Nagar are hereby quashed. (Om Prakash Shukla, J.)
Order Date :- 7.3.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench