Lakhan Sapra and 3 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 33489 of 2023 Applicant :- Lakhan Sapra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Gupta Counsel for Opposite Party :- G.A.,Anadi Srivastava,Satyendra Kumar Yadav Hon'ble Deepak Verma,J.

¶1Supplementary affidavit filed today on behalf of the applicants is taken on record.

¶2Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

¶3The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 29.08.2021, cognizance/summoning order dated 29.01.2022 as well as entire proceedings of Case No.3882 of 2022 arising out of Case Crime No.0677 of 2020, under Sections 498-A, 323, 504, 354 I.P.C & Sections 3 & 4 of Dowry Prohibition Act, 1961, Police Station-Govind Nagar, District-Kanpur Nagar.

¶4Learned counsel for the applicants submits that applicant no.1 is husband of opposite party no.2 and parties have amicably settled their dispute out of the Court. Divorce petition was allowed in terms of compromise. Opposite party no.2 does not want to proceed with the case against the applicants. and have filed settlement deed. Copy of the compromise deed dated 19.01.2023 has been filed as Annexure -5 to the affidavit. Applicants will approach the trial court with compromise deed and application.

¶5Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the fact.

¶6Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order and compromise deed on the next date fixed. It is, therefore, expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicant to file a fresh application U/S 482 at that stage for the relief sought herein.

¶7In view of the above, the present application is disposed of.

¶8For a period of five weeks, no coercive measure shall be taken against the applicants. Order Date :- 18.10.2023 SKD High Court of Judicature at Allahabad