Allahabad High Court
Abhishek Kumar And Others vs State Of U.P. And Another on 31 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:100390 Court No. - 92 Case :- APPLICATION U/S 482 No. - 17539 of 2024 Applicant :- Abhishek Kumar And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama filed by Sri Rajendra Singh Yadav, Advocate on behalf of opposite party no.2, is taken on record.
2. Heard Sri Pradeep Kumar Yadav, learned counsel for the applicants, Sri Rajendra Singh Yadav, learned counsel for opposite party no.2 and Sri Raj Bahadur Verma, learned A.G.A. for the State.
3. The instant application has been moved on behalf of the applicants to quash the summoning order dated 18.12.2023 as well as entire proceedings of Complaint Case No.1017 of 2023 (Smt. Rinki Singh Vs. Abhishek and others), under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Dakshin, District Firozabad, pending in the court of learned Chief Judicial Magistrate, Firozabad on the basis of compromise.
4. Contention of learned counsel for the applicants is that the dispute between applicant no.1 and opposite party no.2 is matrimonial in nature and now they have settled their dispute amicably through written compromise dated 06.04.2024, which was also entered into between them. Original compromise deed has also been filed before the learned Chief Judicial Magistrate, Firozabad along with an application of opposite party no.2, under Section 257 Cr.P.C. and the request has been made that on the basis of compromise, impugned proceedings may be quashed.
5. Learned counsel for opposite party no.2 did not dispute the aforesaid fact and he admitted that both the parties have settled their dispute amicably and written compromise was also entered into between them and he filed application under Section 257 Cr.P.C. to withdraw the impugned proceeding.
6. Learned A.G.A. though opposed the prayer but could not dispute the aforesaid factual position.
7. In view of the above, present application is disposed of with direction to learned Chief Judicial Magistrate, Firozabad to verify the aforesaid compromise after summoning the parties and on verification of the aforesaid compromise, the court below will permit to opposite party no.2 to withdraw the proceeding under Section 257 Cr.P.C.
8. It is further directed that the aforesaid exercise shall be concluded by the court below within a period of two months from the date of receiving of copy of this order.
9. For a period of two months or till passing of the order, whichever is earlier, no coercive action shall be taken against the applicants.
10. With the aforesaid directions/observations, the present application is disposed of.
Order Date :- 31.5.2024 Atul