Allahabad High Court
JAMAL AHMADversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VANI RANJAN AGRAWAL
Holding
The appeal was dismissed as not pressed in view of the compromise between the parties.
Summary
The appellant, Jamal Ahmad, appealed against the acquittal of accused persons in a matrimonial dispute case under Sections 498A and 406 IPC, which had been set aside by the Fast Track Court. During the hearing, both parties indicated that the matrimonial dispute had been amicably settled and the appellant no longer wished to pursue the appeal. The High Court considered the settlement and the lack of any remaining dispute. Consequently, the Court dismissed the appeal as not pressed, cancelled the appellant's bail bonds, and discharged the sureties. The judgment and trial court records were ordered to be sent back to the trial court.
Issues considered
- Whether an appeal against an acquittal can be dismissed when the parties have reached a settlement and the appellant does not wish to continue the proceedings
Legislation cited
- Code of Criminal Procedure, 1973 — s. 372
- Indian Penal Code — s. 406, 498A
Subjects
- criminal appeal
- acquittal
- settlement
- matrimonial dispute
- bail cancellation
- Section 498A
- Section 406
- CrPC 372
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL U/S 372 CR.P.C. No. - 306 of 2021
Jamal Ahmad
.....Appellant(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Appellant(s) : Ardhendu Shekhar Sharma, Ram Babu
Sharma
Counsel for Respondent(s) : G.A., Rajesh Kumar Roy Sharma
Court No. - 93
HON'BLE MRS. VANI RANJAN AGRAWAL, J.
1. The present appeal has been preferred by the appellant/complainant
against the judgment and order dated 05.10.2021 passed by the learned
Additional Sessions Judge, Fast Track Court No.1, Aligarh, whereby the
appeal filed by the accused persons was allowed and the judgment of
conviction granted by the learned Judicial Magistrate Aligarh, in case
No.788 of 2015, State Vs. Abdul Rahman and 2 others, arising out of Case
Crime No.24 of 2014, under Section 498A and 406 of I.P.C., Police Station-
Mahila Thana, District- Aligarh was set aside and the accused were acquitted
of the charges.
2. Heard Sri Ram Babu Sharma, learned counsel for the appellant and Sri
Rahul Asthana, learned A.G.A. for the State. However, none appeared on
behalf of the respondent.
3. The present appeal has been filed by the complainant challenging the
order of acquittal passed by the appellate Court. At the time of hearing,
learned counsel for both parties are present before the Court and jointly
submit that the dispute between the parties was matrimonial in nature and
has now been amicably settled.
4. It has been further submitted that in view of the compromise arrived at
between the parties, no dispute survives between them and the appellant
does not wish to press the appeal any further.
5. This Court has considered the submissions advanced by the learned
counsel for the parties. In view of the settlement between the parties and the
fact that the dispute arose of a matrimonial discord, which now stands
resolved., no useful purpose could be served in keeping the present appeal
pending.
C372 No. 306 of 2021
2
6. Accordingly, the appeal is dismissed as not pressed in view of the
compromise arrived at between the parties.
7. The appellant is on bail. His bail bonds are cancelled and sureties are
discharged.
8. Let a copy of this judgment along with trial court be sent back to the
concerned trial court forthwith.
May 6, 2026
P. Pandey
(Mrs. Vani Ranjan Agrawal,J.)
Digitally signed by :-
PUSHPENDRA PANDEY
High Court of Judicature at Allahabad
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