Allahabad High Court
Gopal Krishna Gupta @ Krishna Gopal ... vs State Of U.P. And Another on 23 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:61553 Court No. - 73 Case :- APPLICATION U/S 482 No. - 17075 of 2024 Applicant :- Gopal Krishna Gupta @ Krishna Gopal Vaishya And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh Yadav Counsel for Opposite Party :- G.A.,Rahul Kumar Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Shri Jitendra Singh Yadav, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the State as well as Shri Rahul Kumar, counsel for opposite party no. 2.
3. This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Case No. 1323 of 2019 (State Vs. Gopal Krishna and others), under Sections 498A, 323 IPC and 3/4 of D.P. Act, Police Station- Khalilabad, District Sant Kabir Nagar, pending before the court of learned Judicial Magistrate, Sant Kabir Nagar.
4. This Court on 20.06.2024 proceeded to pass the following orders:
"1. Heard learned counsel for the applicants and learned A.G.A. for State.
2. This application has been filed with a prayer to quash the entire proceedings of Case No.1323 of 2019 (State vs. Gopal Krishna and Others) under Sections 498A, 323 of IPC and Sections- 3/4 of Dowry Prohibition Act, Police Station- Khalilabad, District- Sant Kabir Nagar, pending in the court of Judicial Magistrate, Sant Kabir Nagar, on the basis of compromise arrived between the parties dated 21.10.2022.
3. Learned counsel for the applicants submits that the parties have settled their dispute in the mediation center of court below, but the proceedings have not been quashed by the court below.
4. In view of the above, matter requires consideration.
5. Issue notice to opposite party no.2.
6. All the respondents may file counter affidavit within period of four weeks. Applicants may file rejoinder affidavit within two weeks thereafter.
7. List this case thereafter.
8. Further proceedings in Case No.1323 of 2019 (State vs. Gopal Krishna and Others) under Sections 498A, 323 of IPC and Sections- 3/4 of Dowry Prohibition Act, Police Station- Khalilabad, District- Sant Kabir Nagar, pending in the court of Judicial Magistrate, Sant Kabir Nagar shall remain stayed against the applicant/applicants till the next date of listing."
5. On 11.11.2024 proceeded to pass the following orders:
"1. Heard learned counsel for the applicants, Sri Rahul Kumar, learned counsel for the opposite party no.2, and learned A.G.A for the State.
2. Learned counsel for the applicants submits that the parties had settled their dispute amicably in pursuance of entering into written compromise. It is further submitted that in pursuance of the said compromise, parties have also filed under Section 13-B of the Hindu Marriage Act before the Family Court, Sant Kabir Nagar, therefore, the proceedings may be quashed on the basis of said compromise entered into between the parties.
3. To the said submission, though the learned counsel for the opposite party no.2 admitted this fact that the parties had settled their dispute amicably by way of entering into written compromise, however, the applicant no.1 is not appearing in the proceedings arising out of Section 13-B of Hindu Marriage Act, therefore, the applicant no.1 may be directed to appear before the Family Court, Sant Kabir Nagar.
4. Learned counsel for the applicant submits that he will appear before the court on the next date of listing i.e 27.11.2024.
5. In view of the above, put up this case in the week commencing 09.12.2024.
6. Interim order, if any, shall continue till the next date of listing."
6. Learned counsel for the applicants submits that the parties have entered into compromise and the same has been filed before the court below, a copy whereof is at Annexure-2 at page 26 and onwards reference whereof has been made in paragraph no.9 of the application. Learned counsel for the applicants submits that even proceedings under Section 125 Cr.P.C. have also settled between the parties and the proceedings under Section 13B have been decided on 21.03.2025 on the basis of the consent of the parties. He submits that the compromise application has been filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded.
7. Learned AGA on the other hand submits that he has no objection to the same.
8. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Judicial Magistrate, Sant Kabir Nagar while filing the self-attested copy of the present application and certified copy of the order by 09.05.2025.
9. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification by 28.07.2025.
10. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 1323 of 2019 (State Vs. Gopal Krishna and others), under Sections 498A, 323 IPC and 3/4 of D.P. Act, Police Station- Khalilabad, District Sant Kabir Nagar, pending before the court of learned Judicial Magistrate, Sant Kabir Nagar..
11. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench.
12. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application.
Order Date :- 23.4.2025 A. Prajapati