Abid Ali Alias Mohd.Abid vs State of U.P. And Others

Dasu Ram Azad, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

This Criminal Misc. application under Section 482 Cr.P.C. has been filed with a prayer to quash the proceedings of Case No. 6638/9/04 (State Vs. Abid ) ( Case Crime No. 259 of 2004) under Sections 498A,323,504 and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Nagar District Muzaffar Nagar, pending in the court of Chief Judicial Magistrate, Muzaffar Nagar.

Vide order dated 20.5.2005, after hearing counsel for the applicants and the learned A.G.A., this Court was pleased to stay the further proceedings of Case No. 6638/9/04 (State Vs. Abid ) ( Case Crime No. 259 of 2004) under Sections 498A,323,504 and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Nagar District Muzaffar Nagar, pending in the court of Chief Judicial Magistrate, Muzaffar Nagar.

Learned counsel for the applicant has filed a compromise deed entered into between the parties and the order dated 23.4.2008 duly signed by both the parties which is Annexure 1 to the rejoinder affidavit. From the bare perusal of the same it is clear that the parties have entered into compromise out side the court and there is no dispute and differences between the parties and all disputes and differences have been amicably settled by the parties out side the Court.

Learned counsel for the applicants have placed reliance on the observations made by the Apex Court in the case of B.S. Joshi Vs. State of Haryana and another, reported in 2003 (46) A.C.C. 779 S.C. and in the case of Ruchi Agrawal Vs. Amit Kumar Agrawal and others, reported in 2004 (3) J.I.C.769 S.C.. The Hon''ble Apex Court quashed the proceedings of criminal case on the basis of the compromise filed between the parties mainly on the ground that no lawful purpose would be served by continuance of the proceedings between the parties.

In view of the above decisions of the Hon''ble Apex Court, the proceedings of Case No. 6638/9/04 (State Vs. Abid ) ( Case Crime No. 259 of 2004) under Sections 498A, 323, 504 and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Nagar District Muzaffar Nagar, pending in the court of Chief Judicial Magistrate, Muzaffar Nagar. is hereby quashed.

Learned counsel for the applicant is directed to produce certified copy of this order before the Chief Judicial Magistrate, Muzaffar Nagar for information and its compliance within a period of 15 days from the date a certified copy of this order is issued to him.

With the aforesaid direction, this application is disposed of finally.