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2025 DAILYLAW 190949 (ALL)

MOHAMMAD MAUAZZAM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/38530/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38530 of 2025 Court No. - 79 (SL No.21) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Anwar Hussain, learned counsel for the applicants, Sri Anees Baig, on behalf of learned counsel for the opposite party no.2 and Sri Pankaj Kumar Srivastava, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 13.04.2021 as well as impugned cognizance/summoning order dated 28.07.2021 passed in Criminal Case No. 8198 of 2021 (State vs. Mohammad Mauazzam and Ors.) arising out of Case Crime No. 388 of 2020 under Sections 498-A, 323, 504, 506 I.P.C., Police Station- Rasulpur, District- Firozabad, pending in the court of learned Chief Judicial Magistrate, Firozabad. 3. Learned counsel of the applicants submits that the opposite party no.2 is the wife of applicant no.1 herein. There was a matrimonial discord between them, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicants herein. However, learned counsel for the applicants submits that after submission of the charge-sheet in the instant case the parties the parties have settled their disputes amicably and a compromise dated 19.09.2024. Accordingly, the applicants herein had filed an Application under Section 482 Cr.P.C. No. 44092 of 2024 (Mohammad Mauazzam and 3 Others vs. State of U.P. and Another), which was disposed of by this Court vide order dated 18.03.2025, Versus Counsel for Applicant(s) : Anwar Hussain Counsel for Opposite Party(s) : Anees Baig, G.A. Mohammad Mauazzam And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) directing the parties to appear before the trial court concerned for verification of the compromise executed between them. As per the report received from the learned Chief Judicial Magistrate, Firozabad, pursuant to the directions of this court, the parties appeared before the trial court concerned on 16.04.2025 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. 4. 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. 5. Sri Pankaj Kumar Srivastava, learned AGA, looking at the facts and circumstances of the case and its 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. 6. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. The applicant no.1 and opposite party no.2 are the husband and wife respectively. There was a matrimonial dispute between them due to which the opposite party no.2 had lodged the F.I.R. being Case Crime No. 388 of 2020 under Sections 498-A, 323, 504, 506 I.P.C. During the pendency of the aforesaid case, the parties have settled their disputes amicably and a compromise dated 19.09.2024 was executed between the parties. Thereupon, the parties have filed an Application under Section 482 Cr.P.C. No. 44092 of 2024, which has been disposed of while directing the parties to appear before the trial court for its verification. Accordingly, vide order dated 16.04.2025, learned Chief Judicial Magistrate- Firozabad, has verified the compromise in presence of the parties and as per the compromise the applicant no.1 and the opposite party no.2. In view of the facts and circumstances, since it was a matrimonial dispute NA528 No. 38530 of 2025 2 between the applicant no.1 and the opposite party no.2, which has been amicably settled and no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein and due to the aforesaid compromise there are very remote and bleak chances of the conviction of the applicants. Further, with the aforesaid settlement of matrimonial dispute, peace will prevail not only in the families of the parties but in society at large. 7. 7. Thus, in the light of the judgments 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 Criminal Case No. 8198 of 2021 (State vs. Mohammad Mauazzam and Ors.) arising out of Case Crime No. 388 of 2020 under Sections 498-A, 323, 504, 506 I.P.C., Police Station- Rasulpur, District- Firozabad, pending in the court of learned Chief Judicial Magistrate, Firozabad, are hereby quashed. October 14, 2025 Shubham Arya NA528 No. 38530 of 2025 3 (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad