MOHD. AHMAD @ ANNU AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/20659/2025 · 2025-10-08
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66229 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66229 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20659 of 2025 Court No. - 79 (SL No.20) HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Shubham Kumar Dubey, Advocate holding brief of Sri Mukesh Joshi, learned counsel for the applicants, Sri Rahul Kumar Pal,
learned counsel for the opposite party no.2 and Ms. Harshita Rani, 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 No. 249 of 2021 dated 27.06.2021 and Cognizance Order dated 04.03.2025 and the entire proceeding of Case No. 4149/9 of 2025 (CNR No. UPMO04-021576/2025), Computer No. 18625 of 2025 (State vs. Mohd. Ahmad @ Annu and Others) arising out of Case Crime No. 1069 of 2020 under Sections 323, 452, 498A, 504, 506 I.P.C. and under Sections 3/4 D.P. Act, Police Station- Katghar, District- Moradabad, pending in the court of learned Chief Judicial Magistrate, Moradabad, in terms of the compromise dated 07.04.2025.
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. During the pendency of the aforesaid case, the parties have settled their disputes amicably and a compromise dated 07.04.2025 was executed between the parties and the original copy of compromise has been annexed as Annexure '5' to the Versus Counsel for Applicant(s) : Mukesh Joshi Counsel for Opposite Party(s) : G.A., Rahul Kumar Pal Mohd. Ahmad @ Annu And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
instant application.
4. Vide order dated 05.06.2025, this Court directed the parties to appear before the trial court concerned for verification of the compromise executed between them. In terms of the compromise, the the parties have appeared before the trial court on 15.07.2025 and in pursuance thereof the trial court has verified the compromise on 15.07.2025. A copy of the order verifying the compromise has been annexed as Annexure SA-1 to the supplementary affidavit filed today in Court, which is taken on record. In view of the settlement of matrimonial dispute between the parties and execution of compromise and its verification by the trial court concerned, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case against the applicants herein.
5. Learned counsel for the opposite party no.2 does dispute the aforesaid
facts and admits the settlement and compromise and its verification by the trial court concerned in term of the earlier order passed by this Court. Thus, learned counsel for opposite party no.2 supports the prayer for quashing of the entire proceedings against the applicants herein.
6. Ms. Harshita Rani, 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.
7. 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 applicant no.1 and opposite party no.2 married together in the year, 2017. Subsequent thereto, there arises matrimonial discord which has been amicably settled by the parties and compromise dated 07.04.2025 was executed which has been duly verified by the trial court concerned in terms of the earlier order passed by this Court. In view of the facts and circumstances of the case, no fruitful purpose will be served by keeping the criminal proceedings pending against the applicants herein in the instant case. With the aforesaid settlement peace will prevail not only in families of the parties but also in the society. NA528 No. 20659 of 2025 2
8. 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 Case No. 4149/9 of 2025 (CNR No. UPMO04-021576/2025), Computer No. 18625 of 2025 (State vs. Mohd. Ahmad @ Annu and Others) arising out of Case Crime No. 1069 of 2020 under Sections 323, 452, 498A, 504, 506 I.P.C. and under Sections 3/4 D.P. Act, Police Station- Katghar, District- Moradabad, pending in the court of learned Chief Judicial Magistrate, Moradabad, are hereby quashed. October 9, 2025 Shubham Arya NA528 No. 20659 of 2025 3 (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad