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2010 Supreme(All) 1472

[2010(4) ADJ 665 (DB)]
ALLAHABAD HIGH COURT
BEFORE : VINOD PRASAD AND RAJESH CHANDRA, JJ.
IMRAN AND OTHERS ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Criminal Misc. Writ Petition No. 25378 of 2009, decided on 28th April, 2010)

Advocates:
Counsel :
Mir Sayed for the Petitioners; G.A., Shahabuddin for the Respondents.

Headnote:Dowry Prohibition Act, 1961—Section 3/4—FIR—Quashing of—A compromise entered into between husband and wife—They are living separately—Children will continue to remain with her—Husband will not initiate any proceedings in any Court to take their custody—Lump-sum amount paid on account of maintenance and education by means of three drafts—They will not be entitled to any money in future—Hence, parties have redressed their grievances—In view of Apex Court decision when parties have settled their dispute amicably—High Court should not hesitate in quashing criminal proceedings—So as to secure ends of justice—FIR/criminal proceedings quashed. [(Indian) Penal Code, 1860—Sections 498-A, 323 and 506]. [Paras 5, 6, 7, 10 and 12]

       

JUDGMENT

Hon’ble Rajesh Chandra, J.—This writ petition has been filed under Article 226 of the Constitution of India by the petitioners Imran and others for issuing a writ, order or direction in the nature of certiorari to quash the impugned First Information Report dated 4.12.2009 in case crime No. 997 of 2009, under Sections 498-A, 323, 506, IPC and 3/4 D.P. Act, P.S., Chakeri, District, Kanpur Nagar, (Annexure No. 1 to the writ petition). It has been further prayed that writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in the above mentioned case may also be issued.

2. The facts as are discernable from the papers filed with this writ petition are that informant Shahid Hussain lodged a First Information Report at P.S., Chakeri, District, Kanpur Nagar on 4.12.2009 at 2:00 p.m. against the petitioner Imran, his family members and relatives mentioning therein that informant’s Sister Smt. Salma Khatoon was married to the petitioner Imran on 4.1.2002 and an amount of Rs. 35 lacs was spent in the marriage. However, the husband and in-laws were not satisfied with the dowry given at the time of marriage and they started demanding a plot of 200 Sq. Yards along with Rs. 15 lacs for carrying the business. Smt. Salma Khatoon was being harassed and teased and beaten due to non-fulfillment of the said demand. When the informant expressed his inability to fulfill the demand, Smt. Salma Khatoon along with her two children was turned out from her marital home.

3. We have heard the learned counsel for the petitioners, the learned counsel for the respondent No. 4 as well as the learned A.G.A., Sri Karuna Nand Bajpayee.

4. In this writ petition the informant Shahid Hussain, respondent No. 4 appeared. On 26.4.2010 a compromise entered into between Imram (husband) and Smt. Salma Khatoon (wife) was produced before the Court. The execution of the compromise was ratified by Imran and Smt. Salma Khatoon.

5. In this compromise it has been mentioned that a divorce has taken place between the husband and the wife and they are living separately. It has further been mentioned that the two sons Mohd. Aman, 6 years and Mohd. Azeem, 4 years are living with their mother Smt. Salma Khatoon and they will continue to remain with her. The husband will not initiate any proceedings in any Court to take their custody. It has also been averred that the husband shall pay Rs. 6,50,000/- each for the maintenance and education of the two sons and Rs. 7,00,000/- for the maintenance of wife Smt. Salma Khatoon through three drafts and that the wife Smt. Salma Khatoon or two sons shall not be entitled to any money in future.

6. A mention was also made that the informant Shahid Hussain has lodged a report against the husband Imran and his relatives which is under challenge in this writ petition. It has further been mentioned that Ahmed Hasan a relative of husband Imran has also lodged a report against the brother and brother-in-law of the wife at P.S., Chakeri, District, Kanpur Nagar which is registered as crime No. 1001 of 2009, under Sections 323, 324, 452, 504, 506 and 147, IPC In this compromise the husband and wife have agreed that they will do all that is necessary for the withdrawal of the case so that the matter ends forever. In the case crime No. 1001 of 2009 at P.S., Chakeri, the police has submitted a final report in the Court of Chief Metropolitan Magistrate, Kanpur Nagar, wherein the informant of the case namely Ahmad Hasan shall move an application or the affidavit as the case may be. Similarly, the informant Shahid Hussain will make all endeavors for the disposal of the case under Section 498-A, IPC etc. registered at crime No. 997 of 2009 at P.S., Chakeri. It has also been mentioned that since the husband Imran is in jail in crime No. 997 of 2009 hence his bail application No. 6532 of 2010 (Imran v. State of U.P. and others) has been filed in the High Court, Allahabad, in which the hearing is yet to take

















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