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2025 DAILYLAW 7763 (ALL)

MOHD ASIF AND 7 OTHERS v. State of UP Others

A482/105/2024 · 2025-10-12

Anish Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 105 of 2024 Court No. - 79 (SL No.126) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Mohd. Sarwar Khan, learned counsel for the applicants, Sri Mohammad Sadab Khan, learned counsel for the opposite party no.2 and Sri Kamlesh Kumar Tripathi, 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 03.04.2023 as well as impugned cognizance/summoning order dated 20.04.2023 passed in Case No. 213 of 2023 (State vs. Mohd. Ashif and Others), arising out of Case Crime No. 55 of 2023 under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station- Shahganj, District- Jaunpur, pending in the court of learned Additional Chief Judicial Magistrate-V, Jaunpur. 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 the parties, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicants herein. However, during the pendency of the aforesaid case, due to the intervention of the well-wishers of the parties, the parties settled their disputes amicably and a compromise was executed between the parties. 4. Vide order dated 24.01.2024, this Court directed the parties to appear before the trial court concerned for verification of the compromise executed between them. As per the report received from the Chief Judicial Magistrate, Banda, pursuant to the directions of this court, the parties appeared before the trial court concerned on 14.05.2024 and in presence of the parties, the compromise arrived at between the parties, which was duly verified vide order dated 14.05.2024. Accordingly, the applicant no.1 and the opposite party no.2 are living together as husband and wife and there is no dispute remains between them. A copy of the order verifying the compromise has been annexed as Annexure SA No.1 to the supplementary affidavit. In view of the aforesaid facts, learned counsel for the applicants seeks quashing of the Versus Counsel for Applicant(s) : Mohd. Sarwar Khan Counsel for Opposite Party(s) : G.A., Mohammad Sadab Khan Mohd Asif And 7 Others .....Applicant(s) State Of Up Others .....Opposite Party(s) entire proceedings of the instant case against the applicants herein. 5. Learned counsel for opposite party no.2 admits the aforesaid facts regarding settlement of matrimonial dispute and execution of compromise and its verification which has been duly verified by the trial court. 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. A report in this regard has also been received from Additional Chief Judicial Magistrate-V, Jaunpur, dated 14.05.2024, according to which settlement/compromise has been duly verified by the trial court. 6. Sri Kamlesh Kumar Tripathi, 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 regards to the facts and circumstances of the case, since it was matrimonial dispute between the parties, which has been amicably settled and the applicant no.1 and the opposite party no.2 have decided to live together as husband and wife and all the matrimonial disputes have already been resolved and a compromise has been executed vide order dated 14.05.2025 and a report in this regard has been submitted therefore, in the considered opinion of this Court, no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein as that would be a futile exercise in view of the compromise. Thus, in the light of the judgment 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. 213 of 2023 (State vs. Mohd. Ashif and Others), arising out of Case Crime No. 55 of 2023 under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station- Shahganj, District- Jaunpur, pending in the court of learned Additional Chief Judicial Magistrate-V, Jaunpur, are hereby quashed. (Anish Kumar Gupta,J.) October 13, 2025 Shubham Arya A482 No. 105 of 2024 2 Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad