Abhinav Mishra and Others v. State of U.P. Through Secretary Home and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 31301 of 2023 Applicant :- Abhinav Mishra And Others Opposite Party :- State Of U.P. Through Secretary Home And Another. Counsel for Applicant :- Archana Agrawal,Mazhar Shakeel Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of Case No. 989 of 2021 (State vs. Abhinav Mishra and others) arising out of Case Crime No. 618 of 2020, under Section 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Kasganj, District Kasganj, pending in the court of Chief Judicial Magistrate, Kasganj and charge-sheet dated

01.10.2020 and cognizance order as well as summoning order dated 08.04.2021.

¶3It is submitted by learned counsel for the applicants that parties have arrived at settlement through Mediation and Conciliation Center of this Court and compromise has been filed before the Family Court. 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.

¶4Learned 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.

¶5In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below and file an application for compromise 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?

¶6The 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.

¶7For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case.

¶8With the aforesaid directions, this application is finally disposed of. Order Date :- 17.10.2023 Shiv High Court of Judicature at Allahabad