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2025 DAILYLAW 189359 (ALL)

SHARUKH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/31069/2025 · 2025-10-07

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31069 of 2025 Court No. - 79 HON'BLE ANISH KUMAR GUPTA, J. 2. Heard Sri Mahmudul Hasan, learned counsel for the applicants, Sri Santosh Kumar Yadav, learned counsel for the opposite party no. 2 and Ms. Harshita Rani, 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 27.04.2023 as well as impugned cognizance/summoning order dated 30.01.2024 passed in Case No. 5135 of 2024 (State vs. Sharukh & Anr.), arising out of Case Crime No. 500/2023 under Sections 498-A, 323, 354 I.P.C and 3/4 D.P. Act, and 3/4 Muslim Mahila Adhiniyam, 2019, Police Station- Quarsi, District- Aligarh, pending in the court of learned Chief Judicial Magistrate, Aligarh. 4. Learned counsel of the applicants 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. has been lodged by opposite party no.2 against the applicants herein. During the pendency of the aforesaid case, the parties have settled their disputes amicably and a compromise dated 25.07.2024 was executed between the parties. On the basis of the said compromise, the instant application has been filed seeking quashing of the entire proceedings of the instant case. 5. Vide order dated 22.08.2025, this Court directed the parties to appear before the trial court concerned for verification of the compromise executed between them. As per the report received from the Judicial Magistrate/Civil Judge (JD)/F.T.C Court No.2, Aligarh,, pursuant to the directions of this court, the parties appeared before the trial court concerned on 12.09.2025 Versus Counsel for Applicant(s) : Mahmudul Hasan Counsel for Opposite Party(s) : Arzoo Arif, Santosh Kumar Yadav, G.A. Sharukh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and were identified by their advocates. In presence of the parties, the compromise arrived at between the parties was duly verified. A copy of the order verifying the compromise has been annexed along with the report. 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 aforesaid facts regarding execution of compromise and its verification as well. He also 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. 7. Ms. Harshita Rani, learned AGA, looking at the facts and circumstances of the case and settlement and verification of the compromise, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein. 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 opposite party no.2 has filed an application under Sections 498-A, 323, 354 I.P.C and 3/4 D.P. Act, and 3/4 Muslim Mahila Adhiniyam, 2019. Thereafter, the matter was investigated and charge-sheet was filed. Vide order dated 12.09.2025, the applicants herein were summoned for the aforesaid offenses by the Judicial Magistrate, Aligarh. Subsequent thereto, the parties have settled their disputes on 17.09.2025 and the instant application was filed. As per the order passed by this Court on 22.08.2025, the parties have appeared before the trial court for verification of compromise which has been verified by the trial court vide order dated 19.09.2025 and a report in this regard has been submitted. 9. 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 NA528 No. 31069 of 2025 2 of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceedings of Case No. 5135 of 2024 (State vs. Sharukh & Anr.), arising out of Case Crime No. 500/2023 under Sections 498-A, 323, 354 I.P.C and 3/4 D.P. Act, and 3/4 Muslim Mahila Adhiniyam, 2019, Police Station- Quarsi, District- Aligarh, pending in the court of learned Chief Judicial Magistrate, Aligarh, are hereby quashed. October 8, 2025 Vinod. NA528 No. 31069 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