Court No. - 23
Case :- APPLICATION U/S 482 No. - 36860 of 2018 Applicant :- Zarif Ahmad And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Joint affidavit alongwith Vakalatnama filed by Sri Ajay Kumar Srivastava, Advocate appearing on behalf of opposite party nos. 2 and 3 is taken on record.
Heard Sri Pradeep Kumar, learned counsel for applicants, Sri Ajay Kumar Srivastava, learned A.G.A. appearing for opposite party nos. 2 and 3 Sri Bhanu Prakash Singh, learned A.G.A. and perused the record.
This application U/S 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 2259 of 2013 - State of U.P. Vs. Zarif Ahmad and Others, arising out of Case Crime No. 301 of 2010, under Sections 498A, 323, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Faridpur, District - Bareilly, pending before Judicial Magistrate, Faridpur, Bareilly.
Learned counsel for applicants submit that the dispute between the parties is outcome of matrimonial discord. The parties have entered into compromise, which has been brought on record by way of an affidavit sworn by applicant no. 4-Rahees Ahmad (father of applicant no. 1) and opposite party no. 2 (father of opposite party no. 3), wherein the compromise deed entered between applicant no. 1-Zarif Ahmad (husband) and opposite party no. 3 (wife) has been brought on record as Annexure-1, wherein it has been stated that the matrimonial dispute has been amicably settled between the parties and applicants will pay an amount of Rs.60,000/- to the opposite party no. 3 in lieu of full and final settlement. They do not intend to pursue the matter further. In view of above, the proceedings of aforesaid criminal case may be quashed.
Learned A.G.A. as well as learned counsel appearing on behalf of opposite party no. 2 and 3 also submit that in the joint affidavit sworn by applicant no. 1 and opposite party no. 3 it is stated that the dispute between the parties has been amicably settled and opposite party no. 3 does not want to pursue the matter further.
The dispute between the parties is of matrimonial nature, and has been amicably settled between the parties as is evident from the joint affidavit filed on their behalf. The parties do not want to pursue the case further, as such in the facts and circumstances of the case the proceedings of the aforesaid case are liable to be quashed.
Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, Laws (SC) 2014-3-56.
In view of above, the application is allowed.
The entire proceedings of Criminal Case No. 2259 of 2013 - State of U.P. Vs. Zarif Ahmad and Others, arising out of Case Crime No. 301 of 2010, under Sections 498A, 323, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Faridpur, District - Bareilly, pending before Judicial Magistrate, Faridpur, Bareilly, are hereby quashed.
Order Date :- 27.10.2018 A. Verma