Allahabad High Court
Arshad Husain vs State Of U.P. Thru. Prin. Secy. Home Lko. … on 22 January, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:4247 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1716 of 2022 Applicant :- Arshad Husain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manish Singh Counsel for Opposite Party :- G.A.,Amitesh Pratap Singh,Mohd. Mustafizul Haq,Mohd. Shahid Akhtar Hon'ble Saurabh Lavania,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record.
3. Instant application has been filed by the applicant seeking following main relief:-
“WHEREFORE, it is most respectfully prayed that this Hon’ble Court may very graciously be pleased to quash the impugned order dated 21.12.20221, passed by the Civil Judge (Junior Division)/Fast Track Court (FTC), Ist, Gonda in Case No.1936/2019, Case Crime No.641 of 2018, under Sections 498-A, 323, 504, 506, 352 I.P.C., Police Station – Kotwali Nagar, District – Gonda, in the interest of justice.”
4. It is stated that the dispute between the parties is essentially a matrimonial dispute and on account of the same, these parties against each other instituted several cases. During pendency of the said cases the better sense prevail and parties settled the dispute amicably. The terms have been indicated in the settlement deed dated 15.06.2024 and based upon the same, the case instituted under Section 125 Cr.P.C. by opposite party no.2 namely Smt. Shahneela Nishat and two other namely Aman Hussain and Samiya Arshad (both son and daughter, respectively, of the applicant), as Case No.159 of 2018 has already been consigned to the record vide order dated 30.07.2024 passed by Judicial Magistrate, II, Gonda.
5. It is further stated that taking note of the aforesaid facts, this Court in the instant case passed the order dated 05.08.2024, whereby directed the applicant to deposit Rs.20,00,000/- before this Court within a period of 15 days, and according to this order the amount, i.e. Rs.20,00,000/- would be released in favour of opposite party no.2 if all the cases would be disposed of in terms of compromise/settlement arrived at between the parties.
6. The order dated 05.08.2024 referred is extracted hereinunder.
“1. Heard Shri Manish Singh, learned counsel for the applicant, learned A.G.A. for the State and Shri Amitesh Pratap Singh, learned counsel for opposite party no. 2.
2. From the record it transpires that the dispute between the applicant and the opposite party no. 2 is essentially a matrimonial dispute and on account of the same, these parties against each other instituted several cases including Criminal Case No. 1936 of 2019 arising out of Case Crime No. 641 of 2018 under Sections 498A, 323, 504, 506, 352 IPC, Police Station – Kotwali Nagar, District – Gonda, which is the subject matter of the present application.
3. It further transpires from the record that the parties namely the applicant no. 1 and the opposite party no. 2 have settled the dispute amicably out of Court and as per this settlement, the opposite party no. 2 would be entitled to the lump-sum amount to the tune of Rs. 30,00,000/-, out of which Rs. 10,00,000/- has been paid.
4. It also reveals from the material available on record, particularly the compromise filed in case instituted under Section 125 Cr.P.C. by the opposite party no. 2 namely Shahneela Nishat and two others namely Aman Hussain and Samiya Arshad (both sons of the applicant), pending as Case No. 358 of 2018, annexed as Annexure No. A-2 to the supplementary affidavit dated 11.07.2024, that following cases were instituted by the parties against each other:
1. Case No. 358 of 2018 under Section 125 Cr.P.C. pending in the Court of Principal Judge, Family Court, Gonda;
2. Case No. 159 of 2018 under Section 12 of the Prevention of Domestic Violence Act, 2005 (in short “Act of 2005”);
3. Case No. 1936 of 2019 arising out of Case Crime No. 641 of 2018 under Sections 498A, 323, 504, 506, 352 IPC pending in the Court of Civil Judge (J.D.)/F.T.C., 1st, Gonda;
4. The instant application i.e. APPLICATION U/S 482 No. 1716 of 2022 under Section 482 Cr.P.C. related to Case Crime No. 641 of 2018, indicated above;
5. Case under Guardian and Wards Act, 1890 for seeking custody of the minors, instituted by the present applicant, which is pending in the Court of Principal Judge, Family Court, Gonda;
6. First Appeal Case No. 111 of 2019 seeking divorce, pending in this Court filed, by the present applicant;
7. Case under Section 500 IPC instituted by the present applicant pending in the Court of District and Session Judge, Lucknow.
5. It is stated that the Case No. 159 of 2018, indicated above, has already been consigned to record vide order dated 30.07.2024 passed by Judicial Magistrate, II, Gonda, on the basis of the compromise/settlement arrived between the parties.
6. On being asked as to why all the cases except the case under the Act of 2005, have not been disposed of finally based upon the compromise/settlement arrived between the parties, the learned counsel for the parties, named above, stated that on account of apprehension regarding the transaction of Rs. 20,00,000/-, the cases have not been decided till date in terms of the compromise/settlement arrived between the parties.
7. In view of the aforesaid, the dispute thus only relates to the payment of Rs. 20,00,000/-.
8. Taking note of the above, this Court is of the view that the applicant should be directed to deposit the remaining amount to the tune of Rs. 20,00,000/- before this Court within a period of fifteen days from today, which shall be kept in an interest bearing account and would be released after disposal of pending proceedings in terms of compromise in favour private opposite party no. 2.
9. To the aforesaid, there is no objection.
10. Accordingly, the applicant is directed to deposit the remaining amount to the tune of Rs. 20,00,000/- before this Court within a period of fifteen days from today, which shall be kept is an interest bearing account.
11. The aforesaid amount would be released in favour of the opposite party no. 2 if all the cases would be decided in terms of the compromise/settlement arrived between the parties.
12. For the purpose of listing of this case further, the learned counsel for the parties stated before this Court that this case may be listed after a period of one month so that in the meantime, all the cases except this case, can be disposed of in terms of the compromise/settlement arrived between the parties.
13. Accordingly, list/put up this case on 09.09.2024. ”
7. It is further stated that based upon the compromise/settlement, the Case No.358 of 2018, under Section 125 Cr.P.C., has been decided vide order dated 31.08.2024 (Annexure SA-6), Case No.210 of 2018 (earlier Case No.159 of 2018) has been decided vide order dated 30.07.2024 (Annexure SA-3), the Case No.118 of 2023 has been decided on 31.08.2024 (Annexure SA-7), the Criminal Revision No.296 of 2023 has been dismissed on 01.10.2024 (Annexure SA-8) and the First Appeal No.111 of 2019 has been decided by this Court vide order dated 06.12.2024 (Annexure S.A.9).
8. It is further stated that at present the proceedings related to the Criminal Case No.1936 of 2019, arising out of Case Crime No.641 of 2018, under Sections 498-A, 323, 504, 506, 352 I.P.C. are pending and accordingly it is stated that in view of the aforesaid as also in terms of the settlement arrived at between the parties, the present application be allowed and proceedings of Case Crime No.641 of 2018 may be quashed.
9. It is stated that in terms of order of this Court dated 05.08.2024 a Demand Draft amounting to Rs.20,00,000/- has been deposited by the applicant. This fact is evident from the office report dated 20.08.2024.
10. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed,as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No.641 of 2018, quoted above, are hereby quashed qua the applicant.
11. The amount of Rs.20,00,000/- so deposited by the applicant shall be released in favour of the opposite party no.2.
12. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 22.1.2025
Anand/-
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