IRFAN AHAMD ANSARI ALIAS WAHID AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/7442/2025 · 2025-03-05
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26686 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26686 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:32903 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 7442 of 2025 Applicant :- Irfan Ahamd Ansari Alias Wahid And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Sri Subhash Chandra Mishra, learned counsel for the applicant, Ms. Kirti Singh, learned AGA for the State, and perused the record.
2. This application under Section 482 Cr.P.C. has been filed challenging summoning order dated 03.10.2019, charge sheet dated 17.09.2019 and entire proceedings of Case No. 1063 of 2019, State v. Irfan Ahmed Ansari and others, arising out of Case Crime No. 55 of 2019, under Sections 498A, 323, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court No. 17, Allahabad, in terms of compromise dated 01.01.2025.
3. Earlier, Application U/s 482 No. 33426 of 2023 was preferred by the applicants, wherein this Court by order dated 05.10.2023
directed the parties to appear before the court below for verification of compromise. In compliance of the said order, compromise has been verified by the court of Civil Judge (J.D.)/ F.T.C., Court No. 21, Prayagraj. Certified copy of the said order has been brought on record at Page-72 of the petition. Therefore, continuance of proceedings against the applicants would be a futile exercise and wastage of time of the Court and will be abuse of process of law, hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC
303. 4. Learned counsel appearing for the State states that since the parties have entered into a compromise, he has no objection, if the proceedings in the aforesaid case are quashed. 5. Before proceeding further it shall be apt to make a brief
reference to the following cases:-
1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675;
2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677;
3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1;
4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303; and
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
6. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278, in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. 7. Considering the facts and circumstances of the case, as noted hereinabove, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. 8.
Accordingly, cognizance order dated summoning order dated 03.10.2019, charge sheet dated 17.09.2019 and entire proceedings of Case No. 1063 of 2019, State v. Irfan Ahmed Ansari and others, arising out of Case Crime No. 55 of 2019, under Sections 498A, 323, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court No. 17, Allahabad, are hereby quashed. 9. The application is, accordingly, allowed. There shall be no order as to costs. 10. A copy of this order be sent to the court concerned forthwith.
Order Date :- 6.3.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad