Court No. - 55
Case :- CRIMINAL REVISION No. - 2580 of 2013 Revisionist :- Shahid Husain & 2 Others Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Shivaji Singh Sisodiya Counsel for Opposite Party :- Govt. Advocate Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the parties.
This criminal revision has been filed by the revisionist against the impugned order dated 6.8.2013 passed by learned Judicial Magistrate, Baheri, district-Bareilly in Case No. 1647 of 2008 (State of U.P. vs. Inayat Rasool & others), arising out of Case Crime no. 288 of 2008, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Shishgarh, district-Bareilly.
On 7.10.2013, this Court had passed the following order :
"Heard learned counsel for the revisionists, learned AGA for the State and perused the record.
Admit.
Learned AGA has already accepted notice on behalf of the State/respondent no.1.
Issue notice to respondent nos. 2 & 3.
All the respondents may file counter affidavit within four weeks.
Rejoinder affidavit may be filed within two weeks thereafter.
List this matter after six weeks.
The counsel for the revisionists has submitted that revisionist nos. 1 and 2, namely, Shahid Husain and Irshad Husain are Jeth of opposite party no. 2 Smt. Munni (the said prosecutrix)) and revisionist no. 3 Shabana is the married Nanad of the said prosecutrix, so they have no concern with the husband of the said prosecutrix and they have been falsely implicated in this case, so the operation of the impugned order be stayed during the pendency of this revision.
In view of the submissions of the counsel for the revisionist, the operation of the impugned order dated 6.8.2013 passed by Judicial Magistrate, Baheri, District Bareilly in Case No.1647 of 2008 State of U.P. vs. Inayat Rasool & others, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act (Case Crime No.288/2008), P.S. Shishgarh, District Bareilly, is hereby stayed till the next date of listing."
A joint affidavit on behalf of revisionists, Shahid Hussain, Irshad Hussain, Shabana and opposite party no. 2, Smt. Munni has been filed by learned counsel for the revisionists on 28.5.2018.
Learned counsel for the revisionist submitted that although the dispute between the parties has been amicably settled as would be evident from the compromise entered between them and as such a joint affidavit has been filed, which is taken on record.
In pursuance of the compromise between the parties, the Principal Judge Family Court, Bareilly vide order dated 13.2.2016 quashed the entire proceedings of Criminal Case no. 1480 of 2009 (Smt. Munni vs. Inayat Rasul), under Section 125 Cr.P.C., copy whereof has been filed as Annexure-1 to the joint affidavit filed on behalf of the parties.
Accordingly, the revision is allowed in terms of the compromise arrived at between the parties and the order dated 6.8.2013 passed by learned Judicial Magistrate, Baheri, district-Bareilly in Case No. 1647 of 2008 (State of U.P. vs. Inayat Rasool & others), under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act (Case Crime no. 288 of 2008), P.S. Shishgarh, district-Bareilly is hereby set aside.
Order Date :- 29.8.2018 Faridul