Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 39548 (ALL)

AKHATAR ALI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/12508/2016 · 2025-08-03

Anish Kumar Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:131184 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.72) Court No. - 78 Case :- APPLICATION U/S 482 No. - 12508 of 2016 Applicant :- Akhatar Ali And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jawahir Yadav,Krishna Kumar Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Ramapati Tripathi, learned counsel for the applicants, Sri Govind Prasad, learned counsel for the opposite party no.2 and Sri Rajesh Kumar Gupta, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of charge sheet dated 20.05.2012 and non-bailable warrant order dated 11.01.2016 as well as the entire proceedings of Case No.983 of 2013 (State vs. Akhtar Ali and others) arising out of Case Crime No. 411 of 2012 under Section 308, 506 IPC., P.S. Kotwali, District Mau, pending before the court of Chief Judicial Magistrate, Mau. 3. Learned counsel for the applicants submits that the applicant no.1 is the husband of the opposite party no.2. Initially there was a matrimonial dispute between them and in pursuance thereof, the instant application has been filed by the applicants herein. During the pendency of the instant case before this Court, the parties have settled their disputes amicably and they are now residing as husband and wife. Vide order dated 09.05.2025, this Court had directed the parties to appear before the trial court concerned for verification of the said settlement/compromise. As per the report received from C.J.M. Mau, the compromise dated 22.04.2025 has been duly verified in presence of the parties by the trial court vide order dated 28.05.2025. A report in this regard has also been sent to this Court. Thus, learned counsel for the applicants seeks quashing of the entire proceeding of the instant case on the basis of the said settlement/compromise arrived at between the parties. 4. Learned counsel for the opposite party no.2 admits the aforesaid facts and supports the prayer for quashing of the entire proceeding of the case in view of the settlement/compromise arrived at between the parties. Learned AGA also did not oppose the prayer for quashing of the proceeding in view of the aforesaid compromise arrived at between the parties. 5. 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 there was a matrimonial dispute between the applicant no.1 and the opposite party no.2. The instant case was lodged by the opposite party no.2 against the applicants. The instant application has been filed by the applicants herein and during the pendency of the instant case before this Court, the parties have settled their disputes amicably. They are now residing together as husband and wife. In view thereof, no fruitful purpose would be served by keeping the proceeding pending against the applicants in view of the aforesaid compromise arrived at between the parties. 6. In view of the aforesaid facts and in the light of the judgments of the Apex Court in Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another , (2017) 9 SCC 641 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, the instant application deserves to be allowed. 7. In view thereof, the instant application is accordingly allowed and the proceedings of Case No.983 of 2013 (State vs. Akhtar Ali and others) arising out of Case Crime No. 411 of 2012 under Section 308, 506 IPC., P.S. Kotwali, District Mau, are hereby quashed. Order Date :- 4.8.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad