Allahabad High Court
Tarun Kumar Matreja And 2 Others vs State Of U.P. And Another on 8 July, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- APPLICATION U/S 482 No. - 13269 of 2022 Applicant :- Tarun Kumar Matreja And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Sanjay Srivastava, learned counsel for the applicants and learned counsel for opposite party no.2 and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 09.11.2019 as well as cognizance order dated 21.01.2020 and the entire criminal proceedings of Case No.1486 of 2020 (State Vs. Tarun Matreja and others), arising out of Case Crime No.280 of 2018, under Sections 498A, 323, 504 I.P.C. & Section 3/4 D.P. Act, Police Station-Kakadev, District-Kanpr Nagar, pending in the Court of M.M.-II, Kanpur Nagar.
Learned counsel for the applicants submits that entire amount mentioned in the compromise deed has been paid to the wife. He further submits that dispute between the parties is matrimonial and parties have reconciled their differences and a compromise has been entered between them, copy of compromise deed has been annexed as Annexure 3 to the application 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 A.G.A., 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 above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within two weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the 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 the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements 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 :- 8.7.2022 Rahul.