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Husanbano and Others vs State of U.P. and Another

Allahabad High Court · Decided on 23 March 2010 · Citation: (2011) 6 RCR(Criminal) 2542

HON’BLE JUDGES
Subhash Chandra Agarwal, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Dowry Prohibition Act, 1961 — Section 3, 4 · Penal Code, 1860 (IPC) — Section 323, 406, 498A, 504
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 7300 of 2009
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Judgment

7 paragraphs · 387 words

S.C. Agarwal, J.—Heard Sri Abhishek Srivastava, learned counsel for the applicants, Sri Harikesh Kumar Gupta, learned counsel for opposite party No. 2, learned A.G.A. for the State and perused the record.

2.

This application under Section 482, Cr.P.C. has been preferred with a prayer to quash the proceedings of case No. 2739 of 2006 relating to case crime No. 53 of 2005 under Sections 498A, 323, 504, 406, 1 PC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Gorakhpur pending in the Court of A.C. J.M., Court No. 23, District Gorakhpur.

3.

It is a matrimonial dispute. Applicant No. 1 is the motherinlaw and applicant No. 4 is the husband of opposite party No. 2. Applicants No. 2 and 3 are the brothers of applicant No. 4.

4.

Opposite party No. 2 Smt. Tahira Begum has stated in paragraph No. 4 of the counteraffidavit dated 14.10.2009 as follows:

"That the applicants and opposite party No. 2 have already entered into a compromise in the present case and no dispute is pending between them at present and further both the parties do not want to keep the present case pending, so that it may cause hardship to them and deponent is willfully and happily wants to get the proceeding of Case No. 2739 of 2006 pending in the Court of A.C. J.M., Court No. 23, Gorakhpur in relation to case crime No. 53 of 2005 under Sections 498A, 323,504,406 of, IPC and Section 3/4 of DP. Act, Police Station Manila Thana, District Gorakhpur be quashed by this Hon''ble Court, as the parties entered into a compromise. A copy of the affidavit of the opposite party No. 2 and applicant No. 1 are collectively being filed herewith and marked as Annexure No. 1 to this affidavit."

5.

Since the parties have come to terms, no useful purpose could be achieved if criminal trial is permitted to continue without any hope of a conviction. In these circumstances, the application deserves to be allowed.

The application under Section 482, Cr.P.C. is allowed. The proceedings of case No. 2739 of 2006 relating to case crime No. 53 of 2005 under Sections 498A, 323, 504, 406, IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Gorakhpur pending in the Court of A.C.J.M., Court No. 23, District Gorakhpur are quashed.