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2025 DAILYLAW 188226 (ALL)

RAEES AND 8 ORS v. STATE OF U.P. AND ANR

A482/12533/2020 · 2025-01-22

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Neutral Citation No. - 2025:AHC:12196 Court No. - 73 Case :- APPLICATION U/S 482 No. - 12533 of 2020 Applicant :- Raees And 8 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A.,Girish Singh,R.V. Pandey Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for opposite party no. 2/informant and learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including charge-sheet dated 02.10.2019, of Case No. 1101 of 2020, arising out of case crime no. 303 of 2019 (State Vs. Raees and others), under Sections 498A, 323, 504, 506, 325, 354 IPC and Section 3/4 of D.P. Act, P.S. Kalyanpur, District Kanpur Nagar, pending in the court of ACMM-2, Kanpur Nagar, on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicants that the matter relates to matrimonial dispute and applicant no. 1 is husband of daughter of opposite party no. 2/informant and remaining applicants are family members of applicant no.1. Now both the parties have amicably settled the dispute and compromised the matter and the informant/ victim does not want to pursue the impugned proceedings. The compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned counsel for the opposite party no.2 /informant has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant and victim do not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record. 7. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The informant/victim does not want to proceed with the impugned case against the applicants. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, entire impugned proceedings, including charge-sheet of the aforesaid case, against applicants, namely, Raees, Smt. Safiya, Smt. Heena, Smt. Mubeena, Smt. Sabeena, Smt. Rubeena, Smt. Jareena, Farjan @ Raja & Mohd. Rafeek are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 23.1.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad