- (1.) VINOD Prasad, J. Afaq Ahmad Abbasi (applicant No. 2), alongwith his wife Smt. Qaisar Sultana (applicant No. 4), two sons Imtiaz Ahmad Abbasi (applicant No. 3), Ausaf Ahmad Abbasi (applicant No. 1), two daughters Smt. Farzana Jalali and Smt. Saima Zeeshan alias Pinki (applicants No. 5 and 6), alongwith two others Parvez Ahmad Abbasi (applicant No. 7) and Smt. Kausar Fatima (applicant No. 8) have approached this Court through this application under Section 482 Cr. P. C. with the prayer to quash the criminal proceedings in Case No. 32239 of 2005, State v. Ausaf Ahmad & Ors. , under Sections 498-A, 323, 324, 504, 506 IPC and Section 3/4 of D. P. Act, P. S. Mahila Thana, District Allahabad, arising out to crime No. 16 of 2005, which is pending before the CJM, Allahabad. Their further prayer is for stay of their harassment from surrendering and seeking bail in the Court.
(2.) THE preceeding facts, which have given rise to the present application are encapsulated as follows : Smt. Naaz Askari d/o Late S. N. Mahmood was married to the applicant Ausaf Ahmad Abbasi s/o the applicants Afaq Ahmad Abbasi and Smt. Qaisar Sultana on 11-1-2003 and the couple was blessed with a son Master Umar Abbasi on 3-1-2004 in City Nursing Home, Allahabad. A FIR was lodged on 19-9-2005, at P. S. Mahila Thana, Civil Lines, District Allahabad by the wife Smt. Naaz Askari as crime No. 16/05 under Sections 498-A, 323, 324, 504, 506 IPC and Section 3/4 D. P. Act against the applicants. Applicants No, 3, 5 and 6 Imtiaz Ahmad Abbasi, Farzana Jalali and Saima Zeeshan got their arrest stayed from this Court in the aforesaid crime number. The police of P. S. Mahila Thana investigated the offences and submitted a charge-sheet against the applicants in the Court of CJM, Allahabad which was registered as case No. 32239 of 2005 before the CJM, Allahabad. The order sheet of the aforesaid case indicates that the accused persons were not present after the issuance of summons and therefore, they were resummoned by the trial Court and 6-3-2006 was fixed in the case. At this juncture the present application under Section 482 Cr. PC. was filed on the ground that the parties have entered into a compromise and therefore, none of them wanted to litigate the matter any further and the proceedings be quashed. In support of their contention the applicants have filed an application dated 31-1-2006 (annexure No. 2), filed by the informant Smt. Naaz Askari. The said application is supported by an affidavit dated 30-1-2006 (annexure No. 4 ). In the said affidavit the informant has mentioned that she had lodged a FIR against the applicants on the basis of which some of the accused persons were arrested and were bailed out and some of the accused persons got their arrest stayed from this Court. She has further averred in the said affidavit that due to the intervention of maternal uncle Ausaf Ahmad Abbasi her husband divorced her and had also returned her marriage gifts alongwith Mahar, ornaments, cloths etc. and no relationship of husband and wife exists between them. She has further stated that since marital relation has came to an end, therefore, she does not want to litigate and prosecute the accused. Annexure 5 to the affidavit filed in support of this application is the compromise deed, which has been signed by Smt. Naaz Askari (wife of Sri Ausaf Ahmad Abbasi) detailing the terms of the compromise and on the conditions entered into between the spouses. The said compromise deed is also signed by S. N. Hameed and Imtiaz Ahmad Abbasi and is dated 31-10-2005. It is mentioned in the said compromise deed that there was some misunderstanding between the spouses and their relationship reached to a juncture of no return and for them it become impossible to live together. Due to the aforesaid reason the husband brought his wife to her parental house and since then she is living alongwith her parents. Husband Ausaf Ahmad Abbasi or his parents did not call Smt. Naaz Askari back. The wife came to know that her husband has filed a divorce case in District Gorakhpur, which is pending. Smt. Naaz Askari had lodged the FIR as mentioned above against her husband and his family members. Some relatives and well-wishers of both the families intervened into the matter, as a result of which both the parties agreed to enter into a compromise and consequently they entered into a compromise on the conditions that the marriage between informant Naaz Askari and Ausaf Ahmad Abbasi stood dissolved by divorce and both of them are free to live according to their wishes. The second condition of the compromise deed was that the wife would get Rs. 5 lacs from her husband through bank draft of various denominations which was to be kept with Islam Ansari Advocate of Sameera Hotel Allahabad and would be handed over to the wife by him after all the litigations between them is settled. It was also mentioned that the wife had received Mahar as well as the expenses of marriage, maintenance amount, maintenance of Iddat period ornaments and clothes etc. from the husband Ausaf Ahmad Abbasi and no article belonging to the wife Naaz Askari is left with the husband. It was also stipulated that the child Mohd. Umar will live with his mother Naaz Askari and Ausaf Ahmad will give Rs. 1,500/-per month to respondent No. 2 for his maintenance and education. After the attainment of majority if the child would like to live with his father, then mother will have no objection. It was also stipulated in the said compromise that the wife would get his case with drawn which she had instituted through the aforesaid FIR at Mahila Thana, Civil Lines Allahabad and husband will also get his divorce case with drawn and both the parties will not take any action of any kind against each other in future. Annexure 6 to this application is the copy of the divorce case No. 410/05 filed by the husband and Annexure 7 is the order of the Court deciding the said divorce suit on the basis of above mentioned compromise and consigning the file by an order dated 30-1-2006. Annexure 8 is the copy of the charge-sheet against the applicants. A short counter-affidavit has been filed by Smt. Naaz Askari as deponent in this Criminal Misc. Application wherein she has admitted that she has entered into a compromise and that she does not want to prosecute the applicants. In support of her contention she has filed a copy of her affidavit filed before the CJM, Allahabad on 30-1-2006, where in she has stated that she does not want to prosecute the accused persons and the case may be consigned and she has got no objection against the said consigning of the case. Supplementary affidavit has also been filed on behalf of the applicants where in a copy of the order sheets of the Criminal Case No. 32239/05, State v. Ausaf Ahmad Abbasi, pending before the CJM, Allahabad has been appended.
(3.) I have heard Sri T. P. Singh learned Senior Counsel assisted by Sri Siddharth Advocate on behalf of the applicants and Sri T. A. Khan on behalf of the informant Smt. Naaz Askari and learned AGA. This application has also been filed by Parvez Ahmad Abbasi and Smt. Kausar Fatima besides aforementioned six applicants. Since the aforesaid two persons Parvez Ahmad Abbasi and his wife Smt. Kausar Fatima are not the charge-sheeted accused and no cognizance in their respect had been taken by the CJM, Allahabad in the aforesaid case No. 32239/05 hence this application is not maintainable on behalf of the aforesaid two persons. Consequently this application stands dismissed in respect of Parvez Ahmad Abbasi and Kausar Fatima as being not maintainable.;