Court No. - 72
Case :- APPLICATION U/S 482 No. - 34853 of 2017 Applicant :- Khaliq And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Umair Mahmood, learned counsel for the applicants; Shri Haseeb Alam Ansari, learned counsel for the opposite party no. 2 and; learned A.G.A. for the State.
2. This application under Section 482, Cr.P.C. has been filed for quashing the impugned charge sheet no.286 of 2017 dated 10.9.2017 arising out of case crime no. 397 of 2017 under Sections-498A, 406, 504, 506, 34 IPC, Police Station- Nagina, District-Bijnore and also to quash the cognizance taking order dated 03.10.2017 passed by the Additional Chief Judicial Magistrate, Bijnore.
3. Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the Istekhar Ahmad and opposite party no. 2.
4. Learned counsel for the applicants further submits that:-
(i) the present applicants are family members and close relatives of Istekhar Ahmad;
(ii) the FIR came to be lodged by the opposite party no. 2 against all the applicants as also against the Istekhar Ahmad and Khalid owing to misunderstanding and misgivings between them and not on account of any real occurrence as alleged;
(iii) there never was any criminal intent on part of the applicants nor any criminal offence as alleged had ever occurred;
(iv) there is no injury caused to any party and wholly exaggerated allegations had been made in the heat of the moment owing to estranged relationship and bruised egos;
(v) at present, the parties have resolved their differences and made peace.
(vi) therefore, in the changed circumstance, the opposite party no. 2 does not wish to press charges against the present applicants.
5. While the proceedings against the present applicants have remained stayed, the trial against the Istekhar Ahmad and Khalid stated to have been concluded and those persons acquitted vide judgment and order dated 02.08.2018 passed by learned Session Judge, Bijnore in S.T. No. 8 of 2018. Certifed copy of the judgement has been placed by the learned counsel for the applicant and the same has been retained and marked as "X".
6. In such background facts, the compromise is stated to have been reached between the parties wherein the opposite party no. 2 has expressed her desire to withdraw from the criminal proceedings. The said compromise dated 21.09.2017 has also been brought on record by means of short counter affidavit filed by learned counsel for the opposite party no. 2. Learned counsel for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, paragraph nos. 4, 5, 6, 9, 10 & 11 of the said short counter affidavit reads as under :
"4. That the Court of learned Session Judge, Bijnor has acquitted two accused of this case namely Khalid and Istekhar Ahmad on vide judgment dated 02.08.2018.
5. That the Deponent Want to Compromise and She did not want to pursue the case therefore she filed a application along with notarial affidavit before S.P. Bijnor on 21.09.2017. And stated therein Now she did not want to pursue the case ahead against applicants. The copy of the Application along with notorial affidavit dated 21.09.2017 is being filed herewith and marked as Annexure No.1 to this affidavit.
6. That Deponent as P.W.1 namely Shabnam has examined in her chief examination and she hostile in her statement.
9. That both the parties who were at a daggers drawn have sunk their differences and entered into compromise swearing that both the parties shall refrain from lodging criminal or civil case against each other and they have decided to withdraw the cases pending against them.
10. That some noble persons of the locality of both sides made both parties understand not to pursue their respective cases pending in the lower court as well as in the High Court of Judicature at Allahabad.
11. That the deponent is also approaching this Hon'ble Court with the innocuous prayer to quash the impugned charge sheet no.286 of 2017, arising out of Case Crime No.397 of 2017, under Sections 498A, 406, 504, 506, 34 IPC, Police Station Nagina, District-Bijnor, as both the parties have buried the hatchit now."
7. In view of the fact that the dispute appears to be purely of a personal nature being matrimonial discord that has been mutually settled between the parties, to their entire satisfaction, no useful purpose would be served in allowing the prosecution to continue any longer.
8. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceeding of the aforesaid case is hereby set aside.
9. The present application is accordingly allowed.
Order Date :- 26.4.2019 Prakhar