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2025 DAILYLAW 189322 (ALL)

DANISH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/30940/2025 · 2025-10-07

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30940 of 2025 Court No. - 79 HON'BLE ANISH KUMAR GUPTA, J. 1. Learned counsel for the applicants has filed supplementary affidavit today in Court, which is taken on record. 2. Heard Sri Prakash Tripathi, learned counsel for the applicants, Sri Shashank Ojha, Advocate, holding brief of Sri Prabhakar Kumar Shukla, learned counsel for the opposite party no. 2 and Sri Akhilesh Kumar Srivastava, learned A.G.A. for the State. 3. The instant application under Section 528 of B.N.S.S has been filed seeking quashing of the charge-sheet dated 21.11.2024 as well as impugned cognizance/summoning order dated 20.02.2025 passed in Case No. 233 of 2025 (State vs. Danish and Others), arising out of Case Crime No. 256 of 2024, under Sections 498-A, 323, 354, 506 I.P.C and Section 3/4 D.P. Act and 3/4 of Muslim Women (Protection of Right on Marriage) Act - 2019, Police Station- Bhagatpur, District- Moradabad, pending in the Court of learned Judicial Magistrate, Thakurdwara, District Moradabad. 4. Learned counsel of the applicants submits that the instant case arising out of matrimonial dispute between applicants and opposite party no. 2. Learned counsel of the applicants further submits that the opposite party no. 2 is the wife of applicant no.1 herein. There was a matrimonial dispute between them, due to which the instant F.I.R was lodged by informant-opposite party no. 2 against all the applicants herein. During the pendency of the aforesaid case, the parties have settled their matrimonial disputes amicably and a compromise-deed dated 15.07.2025 was executed between the parties. A certified copy of the same has been annexed as Annexure No. 5 to the Versus Counsel for Applicant(s) : Prakash Tripathi Counsel for Opposite Party(s) : Prabhakar Kumar Shukla, G.A. Danish And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) application. On the basis of the said compromise-deed, the instant application was filed seeking quashing of the entire proceedings of the instant case. 5. Vide order dated 21.11.2024, this Court directed the parties to appear before the trial court concerned for verification of the compromise-deed executed between them. In compliance of the earlier order, the parties have appeared before the Trial Court concerned on 24.09.2025 and in the presence of the parties. The trial court has verified the compromise-deed. A certified copy of the compromise verification order has been annexed as Annexure No. S.A-1 to the supplementary affidavit. In view of the aforesaid facts, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case against the applicants herein. 6. Learned counsel for opposite party no. 2 admits the factum of the settlement of matrimonial dispute between the applicant and the opposite party no. 2 and execution of compromise and its verification as well. Thus, learned counsel for opposite party no. 2 supports the prayer for quashing of the entire proceedings against the applicants in the instant case in view of the compromise arrived at between the parties and verified by the trial court. 7. Looking at the facts and circumstances of the case and settlement of dispute between the parties and verification of the compromise, Sri Akhilesh Kumar Srivastava, learned AGA for the State does not oppose the prayer for quashing of the criminal proceedings of the instant case which are arising out of the matrimonial dispute against the applicants herein which has been duly settled between the parties. 8. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that the applicant no. 1 has solemnized the marriage with the opposite party no. 2 on 11.05.2016 as per Muslim Rites & Ritual. Since there after there was some matrimonial dispute, due to which, the instant F.I.R was lodged on 07.10.2024 by the opposite party no. 2 against all the applicants. During trial, the parties have settled their dispute pending against them and executed and compromise on 15.07.2025. As per the earlier order passed by this Court on 22.08.2025, the parties have appeared before the trial court for verification of compromise which has been accordingly verified by the trial court vide order dated 15.07.2025 and NA528 No. 30940 of 2025 2 a report in this regard has been submitted. 10. Since it was a matrimonial dispute between the parties, which has been amicably settled and the compromise executed has been verified by the trial court, therefore, in the considered opinion of this Court, no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein. Thus, in the light of the judgment 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, the instant application is allowed and the entire proceedings in Case Crime No. 256 of 2024 under Sections 498-A, 323, 354, 506 I.P.C and Section 3/4 D.P. Act and 3/4 of Muslim Women (Protection of Right on Marriage) Act - 2019, Police Station- Bhagatpur, District- Moradabad, pending in the court of learned Judicial Magistrate, Thakurdwara, District Moradabad, are hereby quashed. October 8, 2025 Vinod. NA528 No. 30940 of 2025 3 (Anish Kumar Gupta, J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad