Allahabad High Court
Bijendra Singh And Anothers vs State Of U.P. And Anothers on 5 April, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- APPLICATION U/S 482 No. - 11644 of 2023 Applicant :- Bijendra Singh And Another Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants, Sri V.S. Rajbhar, learned A.G.A. for the State- opposite party no. 1 and Sri Ajay Kumar Yadav, Advocate, who has entered appearance on behalf of the opposite party no. 2 and filed his Vakalatnama, which is taken on record.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 12316 of 2021, State v. Bijendra and others, arising out of Case Crime No. 82 of 2021, under Sections 498-A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Muzaffarnagar pending in the court of the Civil Judge (Junior Division), Ist, Muzaffarnagar as well as the charge-sheet dated 18.05.2021 and the cognizance order dated 02.09.2021 passed in the said case.
Learned counsel for the applicants submits that it is a matrimonial dispute and the parties have reconciled their differences and a compromise has been entered between them, copy of the compromise deed dated 06.03.2023 has been annexed as Annexure-5 to the affidavit, wherein it has been mentioned that opposite party no. 2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.
Learned counsel for the opposite party no. 2 does not dispute the submissions advanced by the learned counsel for the applicants or the correctness of the documents relied upon by him.
Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.
In view of the above, both the parties are directed to appear before the court below along with an application for verification of compromise deed so filed as well as a certified copy of this order within two weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.
The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.
Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 5.4.2023 SKT/-