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Neutral Citation No. - 2025:AHC:38896 Court No. - 74 Case :- APPLICATION U/S 482 No. - 28382 of 2024 Applicant :- Ashkar Hussain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- Arvind Kumar Sahu,G.A. Hon'ble Saurabh Srivastava,J.
1. Certified copy of compromise and verification report filed by
learned counsel for the applicants, in Court today, is taken on record.
2. Heard learned counsel for the applicant, learned counsel for opposite party no.2/informant, learned A.G.A. for the State and perused the material brought on record.
3. This application u/s 482 Cr.P.C. has been filed with the prayer to quash/stay the entire proceedings of Case no. 8988 of 2022 (State vs. Ashkar) arising out of Case Crime no. 322 of 2019, under Section 506 IPC & under Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Kundarki, District- Moradabad pending in the court of Additional Chief Judicial Magistrate, Court no. 4, Moradabad and charge sheet dated 22.02.2020 and cognizance order as well as summoning
order dated 26.06.2020 passed by Additional Chief Judicial Magistrate, Court no. 5, Moradabad in pursuance of compromise/affidavit dated 11.03.2024. 4. It has been submitted by learned counsel for the applicants that opposite party no. 2 who is brother of applicant's wife lodged the present FIR regarding some matrimonial dispute between the parties. Now both the parties have amicably settled the dispute and compromised the matter and the informant of the case does not want to pursue the impugned proceedings. It was submitted that the compromise, filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is also on record. It is further submitted that wife of petitioner had also initiated proceeding in pursuance to Section 498A, 323, 354 IPC and Section 3/4 Dowry Prohibition Act which has been quashed vide order dated 11.9.2024 passed by co-ordinate Bench of this Court in Application u/s 482 no. 21669 of 2024. It is
stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 5. Learned counsel for the opposite party no.2/informant has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed, as no useful purpose would be served by exhausting remedy of trial. 6. Learned A.G.A. has no objection if parties compromise the matter. 7. I have considered the submissions and perused the record. 8. It is well settled that in appropriate cases, criminal proceedings may be quashed on the basis of compromise between the parties. In the instant case, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The informant does not want to proceed with the case against the applicant. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the law laid down in the case of State of Madhya Pradesh Vs.
Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, as the continuance of the same would be nothing but wastage of time of Court. 9. In view of the aforesaid, the impugned charge-sheet/cognizance
order and entire proceedings of the aforesaid criminal case against applicant is hereby quashed.
10. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 18.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad