Raees Ahmad and Others vs State of U.P. and Another

Hon''ble Arvind Kumar Tripathi, J.—Parcha filed by Mr. Maqsood Beg, Advocate on behalf of the complainant. Heard learned counsel for the applicants, learned AGA and learned counsel for the complainant-opposite party No. 2.

Learned counsel for the applicants submitted that it was a matrimonial disputes between the parties due to which F.I.R. was lodged under Sections 498A, 504 I.P.C. and 3/4 D.P. Act, P.S. Bahariya, District Allahabad and the criminal case is pending before the court of learned Judicial Magistrate, Court No. 4, Allahabad in which non-bailable warrant has been issued. He further contended that the parties have settled the matter in the present case. The dowry has already returned. Apart from that amount of Mahar of Rs. 1,80,000/- has been paid by the applicant No. 1 to opposite party No. 2 and she agreed to withdraw all the cases. This fact has been accepted by opposite party No. 2.

It is matrimonial dispute between the husband and wife in which gift has already been returned. If the matter has been settled between the parties then no useful purpose would be served to continue criminal proceedings. Hence, in the interest of justice it is provided that if a compromise application is moved on behalf of the parties regarding the settlement of the matter then after verifying the facts, the court concerned where proceeding is pending, shall consider and decide the matter in the light of the judgment of the Apex Court in case of B.S. Joshi and Others Vs. State of Haryana and Another, and Madan Mohan Abbot Vs. State of Punjab, .

Till the application is decided the effect and operation of non-bailable warrant issued against the applicants shall be kept in abeyance and no coercive steps shall be taken. With the aforesaid observations this application is finally disposed off.