FURKAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of present application under Section 482 Cr.P.C, the applicants seek to quash Criminal Case No. 1254 of 2011, captioned as State vs Shehzad and others, u/s 364, 147, 148, 504, 506, 323, 34 of I.P.C., and also to set aside/quash the entire criminal proceedings, including the summoning order dated 09.07.2010 against the applicants, which proceedings are pending before Addl. Chief Judicial Magistrate, Laksar.

(2.) THE basis for quashing the proceedings is the compromise arrived at between the parties. It is the statement of the learned counsel for the applicants that the parties have settled their dispute amicably. It is also the statement of learned counsel for the applicants that the respondent no. 2 is no more interested in prosecuting the applicants and, therefore, the criminal proceedings, pending against the applicants before the Court below be set aside. Learned counsel for the applicants relied upon annexure ­ 3, which is a copy of the application given by the victim to SSP Haridwar.

(3.) THEREAFTER , on 28.9.2013, a detailed compromise was filed by the parties before the Additional Chief Judicial Magistrate, Laksar, indicating therein that the criminal cases were instituted against the applicants under some confusion. It was stated in the said 'settlement deed' that Najma (victim. was not abducted. Now Gulsher has divorced his wife (victim. according to Muslim Rites and Rituals. The amount of mehar has also been given to the victim at the time of talak. Permanent alimony, stridhan and the amount of iddat were also paid to her. The child begotten out of her wedlock with Gulsher, shall remain under the guardianship of his mother until the date he attains majority. It was further agreed to between the parties that no legal proceedings will be continued or initiated by either of the parties against each other. The victim, as well as the respondent no. 2, were the signatories to such 'settlement deed' which was filed in the Court of Additional Chief Judicial Magistrate, Laksar in Criminal Case No.734 of 2009 under Sections 147, 148, 328, 364, 504, 506 and 34 of I.P.C.