Court No. - 80
Case :- APPLICATION U/S 482 No. - 16757 of 2021 Applicant :- Aftab Zubairi @ Aftab Mian And 6 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Zaid Arshad Counsel for Opposite Party :- G.A.,Meraj Ahmad Khan
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State, Shri Meraj Ahmad Khan, learned counsel for the opposite party no. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 31.12.2019 and entire proceedings of Criminal Case No. 923 of 2020 arising out of Case Crime No. 57 of 2019, under Sections 498-A, 323, 109, 506 IPC and Section 3/4 of the Muslim (Protection of Right on Marriage) Act, 2019, P.S. Mathila Thana, District- Saharanpur, pending in the court of Fast Track Court, Saharanpur.
Learned counsel for the applicants has submitted that on account of matrimonial discord, instant criminal proceedings has been initiated by opposite party no.2 against the applicants, however with the intervention of the respected members of both the families, the parties have amicably settled all their disputes and differences and now no grievance remains between applicant No. 1 and opposite party No. 2 and they have restored their relationship and living together under one roof as husband and wife. Learned counsel for the applicant has next submitted that pursuant to the order dated 20.9.2021 passed by this Court, the parties have appeared before the court below and has stated that the matter has already been compromised between them and the factum of compromise have been verified by the court below and the report dated 8.10.2021 has been submitted. Learned counsel for the applicant has next submitted that in view of the compromise made between the parties, entire proceedings be quashed.
Learned counsel for the opposite party no.2 has also filed an affidavit and paragraph 6 of the said affidavit, it has been submitted that the disputes have already been compromised and applicant No. 1 and opposite party No. 2 have restored their relationship and living happily as husband and wife and she has no objection, if the entire criminal proceedings, initiated against the applicants, be quashed.
This Court is not unmindful of the judgements of the Apex Court in the cases of :-
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.
5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
Wherein 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. and another [2013 (83) ACC 278], in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, 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 case.
Accordingly, the entire proceedings of Criminal Case No. 923 of 2020 arising out of Case Crime No. 57 of 2019, under Sections 498-A, 323, 109, 506 IPC and Section 3/4 of the Muslim (Protection of Right on Marriage) Act, 2019, P.S. Mathila Thana, District- Saharanpur, pending in the court of Fast Track Court, Saharanpur, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 28.10.2021 KU