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Allahabad High Court · body

2014 DIGILAW 2999 (ALL)

Saddam v. State of U. P. Thru Secy.

2014-09-24

SHASHI KANT, V.K.SHUKLA

body2014
JUDGMENT V.K. Shukla and Shashi Kant,J. Petitioners who are four in number have approached this Court with a request to quash the FIR dated 22.8.2014 registered as Case Crime No. 461 of 2014, under Sections 498A, 323, 504, 506 IPC and 3/4 D. P. Act, Police Station Dankaur, District Gautam Buddh Nagar. 2. On the matter being taken up today, Smt. Rahnuma, respondent no.3 alongwith her father are present in Court today, and they have been identified by Shri R.N. Singh, Advocate. Smt. Rahnuma, respondent no.3 who is present in Court today, made statement before this Court that whatever dispute has arisen between her and her husband and his family members, the same has now been amicably settled and she is living in her matrimonial house and as such in order to maintain peace and harmony proceedings be quashed. 3. Once dispute in question has occurred arising out of matrimonial discord and had taken ugly shape resulting in lodging of First Information Report, and now parties to the dispute have resolved to settle the dispute in question, in view of this, in the facts of the present case looking into the fact that matrimonial discord inter-se husband and wife has been amicably settled, as per the statement being made before this Court, this Court would not cause any impediment whatsoever by not advancing cause of justice though offence is not compoundable. 4. Apex Court, time and again, even in matter that are not compoundable arising in connection with matrimonial disputes, and where parties have amicably settled the dispute has encouraged quashing of such disputes in view of judgment rendered by Apex Court in the case of Jitendra Raghuvanshi vs. Babita Raghuvanshi 2013(4) SCC 58 . In view of this, proceedings initiated by lodging of FIR dated 22.08.2014 registered as Case Crime No.461 of 2014 u/s 323, 326, 506, 498-A IPC and Section 3/4 D.P. Act, P.S. Dankaur, District Gautam Buddh Nagar are directed to be quashed. The order has been passed to restore peace and encourage resolution of matrimonial discord by amicable settlement. 5. With these observations, writ petition is allowed.