Irfan Ullah Khan And Others vs State Of U P And Another

Court No. - 44

Case :- APPLICATION U/S 482 No. - 24627 of 2016 Applicant :- Irfan Ullah Khan And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Awadhesh Prasad,Awadesh Prasad Pandey Counsel for Opposite Party :- G.A.,Fakhruzzaman

Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicants, learned counsel for the opposite party No.2 and the learned A.G.A. for the State- respondent.

The present 482 Cr.P.C. application has been filed for quashing the summoning order dated 19.7.2013 passed by ACJM, Court No. 1, Jhansi, as well as quash the entire proceeding of Complaint Case No. 970 of 2015 (Smt. Sahiba vs. Irfan Ullah Khan and others) under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Prem Nagar, District Jhansi, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Jhansi.

It is contended by the learned counsel for the applicants that the dispute between the parties has been compromised, a copy of compromise deed dated 19.2.2017 has been annexed as Annexure-E to this 482 Cr.P.C. application. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicants has placed reliance in the matter reported as (2014) 6 SCC 466 Narinder Singh and others Vs. State of Punjab and another in support of his contention.

Learned counsel for the opposite party No.2 also does not dispute the fact of compromise and has stated that in view of the compromise he does not want to pursue the matter any further.

The dispute is purely private in nature, which has been amicably settled between the parties, no useful purpose would be served in keeping the petition pending.

Thus, in view of the well settled principles of law as laid down by the Judgment of 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 Hon'ble Apex Court reported in JT 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the summoning order dated 19.7.2013 passed by ACJM, Court No. 1, Jhansi, as well as quash the entire proceeding of Complaint Case No. 970 of 2015 (Smt. Sahiba vs. Irfan Ullah Khan and others) under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Prem Nagar, District Jhansi, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Jhansi, is hereby quashed.

The instant application is, accordingly, allowed.

Order Date :- 8.11.2017 LN Tripathi