SHAMIM AHMAD AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/6138/2025 · 2025-03-20
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18842 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18842 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.894) Neutral Citation No. - 2025:AHC:42109 Court No. - 53 Case :- APPLICATION U/S 528 BNSS No. - 6138 of 2025 Applicant :- Shamim Ahmad And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Ibrar Khan Counsel for Opposite Party :- G.A.,Rakesh Chandra Pathak,Yogesh Kumar Mishra Hon'ble Anish Kumar Gupta,J.
1. Heard Mohd. Ibrar Khan, learned counsel for the applicants, Shri Rakesh Chandra Pathak, learned counsel for the opposite party no. 2 and Shri Gyan Bahadur Patel, learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been filed seeking quashing of the entire proceedings of Complaint Case No. 2999 of 2020 (its CNR No. UPCDO4032962020) (Shabina Bano Vs. Shamim Ahmad and others) pending before the Civil Judge (JD) F.T.C.-I/Judicial Magistrate, Chandauli under sections 341, 323, 504, 506 IPC police station Kotwali Chandauli District Chandauli on the basis of compromise between the parties dated 28.9.2024, which has been verified from the Court of Civil Judge (JD) F.T.C.-I/Judicial Magistrate, Chandauli on 23.12.2024 in pursuance of the order dated 12.11.2024 of this Court. 3. Learned counsel for the applicants submits that the instant application was arising out of matrimonial dispute between the applicant no. 1 and the opposite party no. 2 and they have settled their dispute by way of a compromise. Earlier the applicants have filed an Application under section 482 Cr.P.C. No. 36732 of 2024 which was disposed of by this Court vide order dated 12.11.2024 directing the parties to appear before the trial court for verification of the compromise. In terms of the aforesaid order passed by this Court, the parties have appeared before the trial court alongwith the original compromise dated 28.9.2024, which has been duly verified by the trial court vide order dated 23.12.2024. 4. Since the parties have settled their matrimonial dispute amicably and the entire amount of settlement including the mehar and iddat
etc. have been received by the opposite party no.
2 from the applicants in terms of the compromise, no useful purpose would be served by keeping the criminal proceedings against the applicants herein in view of the judgements of the Apex Court in the light of the judgements of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003)4 SCC 67. 5. In view of the above, the instant application deserves to be allowed and is accordingly allowed and the entire proceedings of Complaint Case No. 2999 of 2020 (its CNR No. UPCDO4032962020) (Shabina Bano Vs. Shamim Ahmad and others) pending before the Civil Judge (JD) F.T.C.-I/Judicial Magistrate, Chandauli under sections 341, 323, 504, 506 IPC police station Kotwali Chandauli District Chandauli are quashed in terms of the compromise between the parties dated 28.9.2024, which has been verified by the Court of Civil Judge (JD) F.T.C.- I/Judicial Magistrate, Chandauli on 23.12.2024. Order Date :- 21.3.2025 o.k. (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad