AHMED KAMAL AND 3 OTHERS v. State of U.P. AND ANOTHER
A482/7070/2024 · 2025-10-08
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190569 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190569 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 7070 of 2024 Court No. - 79 HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Amit Kumar, learned counsel for the applicants and learned A.G.A. for the State. 2. The instant application has been filed under Section 482 Cr. P.C. Seeking quashing of the Charge-sheet dated 20.7.2023 as well as cognizance and summoning order dated 8.11.2023 in Case No. 6779, arising out of Case Crime No. 311 of 2023 under Sections 498-A, 323, 504, 506 IPC, Section 3/ 4 of D.P. Act and Section 3/4 of Muslim Women ( Protection of Right to Marriage) Act, 2019, Police Station Ghaziabad Kotwali, District Ghaziabad. 3. Learned counsel for the applicants submits that it was a matrimonial dispute between the applicant no. 1 and the Opposite Party No. 2, due to which the instant first information report was lodged by the Opposite Party No. 2 against all the applicants. However, during the pendency of the case before the trial court, parties have settled their dispute amicably and a compromise dated 12.9.2025 was executed between the parties whereby they have settled their matrimonial dispute amicably and the Opposite Party No. 2 had agreed to withdraw all cases filed against the applicants including the State case. Vide order dated 23,8,2025, this court has directed for verification of the compromise before the trial court. In terms thereof, the parties appeared before the Trial Court on 12.9.2025 and the trial court verified the compromise. Certified copy of the order dated 12.9.2025verifying the compromise has been annexed alongwith the Versus Counsel for Applicant(s) : Amit Kumar, Vinod Kumar Tirpathi Counsel for Opposite Party(s) : G.A. Ahmed Kamal And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
supplementary affidavit as Annexure-S.A.1, filed today. 4. In view of the aforesaid facts and circumstances of the case and since it was a matrimonial dispute, which has been amicably settled and a compromise to this effect has also been entered into between the parties, was duly verified by the trial court vide order dated 12.9.2025, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case. 5. Learned A.G.A., looking to the facts and circumstances of the case, does not oppose the prayer for quashing of the entire proceedings pending against the applicants. 6.
Having heard the submissions so made by the learned counsel for the parties, this Court has carefully gone through the records of the case. There was matrimonial dispute pending between the Applicant no. 1 and Opposite Party No. 2, due to which a first information report was registered against all the applicants. Subsequent thereto, parties have entered into a compromise and amicably settled their matrimonial dispute. As per the said compromise, parties have settled all their matrimonial dispute and pursuant thereto, other proceedings have already been withdrawn by the parties filed against each other and the parties have also agreed to dispose of the present application on the basis of compromise. 7. Having regard to the aforesaid, no fruitful purpose would be served by keeping the aforesaid criminal proceedings pending. Accordingly, the instant application is allowed and the entire proceedings of Case No.6779 arising out of Case Crime No. 311 of 2023, under Section 498-A, 323,504,506 IPC and Section 3/4 of the Muslim Women (Protection of Right to Marriage) Act, 2019 Police Station Ghaziabad Kotwali,District Ghaziabad are hereby quashed. 8. As this stage, learned counsel for the applicants further submits that the amount of Rs. 20,000/- was deposited by the applicants pursuant to the order dated 6.3.2024 before the Mediation Centre and out of which Rs. 15000/- was to be paid to the Opposite Party No. 2 for her appearance before the Court. However, she fail to appear before the Court. Thus, the A482 No. 7070 of 2024 2
said amount could not be paid to the Opposite Party No. 2 and in view of the aforesaid he seeks refund of the aforesaid amount. Therefore, the Mediation Centre, High Court, Allahabad is directed to refund the amount of Rs. 15000/- to the applicants, deposited in terms of the order dated 6.3.2024 at the earliest. October 9, 2025 n.u. A482 No. 7070 of 2024 3 (Anish Kumar Gupta,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad