Allahabad High Court
Musheer Khan And 4 Others vs State Of U.P. Thru. Prin. Secy. Home ... on 9 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 1234 of 2023 Applicant :- Musheer Khan And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Sri Akhilendra Kumar Goswami,Advocate, has put in appearance by way of filing Vakalatnama and Short Counter Affidavit on behalf of opposite party no. 2 and the same are taken on record.
Heard learned counsel for the applicants, Sri Akhilendra Kumar Goswami, learned counsel for opposite party no. 2, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Criminal Case No. 473 of 2022, arising out of Case Crime No. 780 of 2021, under sections 498-A,323,504,506 I.P.C., Section 3/4 of the Dowry Prohibition Act and section 3/4 of the Muslim Women(Protection of Rights on Marriage),Act, 2019, Police Station-Kotwali, District-Unnao as well as impugned chargesheet no. 718 of 2021, dated 07-11-2021, submitted against applicant no. 1.
Learned counsel appearing for the applicants submits that the instant matter pertains to matrimonial dispute and due to some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 04-02-2023, which has been annexed as annexure no. 3 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed.
On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped.
Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.
Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.
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.
For a period of one month, the proceedings initiated in pursuance of the Criminal Case No. 473 of 2022, arising out of Case Crime No. 780 of 2021, under sections 498-A,323,504,506 I.P.C., Section 3/4 of the Dowry Prohibition Act and section 3/4 of the Muslim Women(Protection of Rights on Marriage),Act, 2019, Police Station-Kotwali, District-Unnao as well as impugned chargesheet no. 718 of 2021, dated 07-11-2021, shall remain stayed so far as applicants are concerned.
Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same within seven days.
Order Date :- 9.2.2023 AKS