Mohsin @ Khalifa Mohsin v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 34226 of 2023 Applicant :- Mohsin @ Khalifa Mohsin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. for the State.

¶2This application under Section 482 Cr.P.C. has been filed to direct the court below to quash the entire proceedings of Case No.2964 of 2022 (Ruksar Jahan Vs. Mohsin and Others) under Section 12 of Domestic Violence Act, 2005, P.S. Teela Mod, District Ghaziabad, pending in the court of Fast Track Court (J.D.) Ist, Ghaziabad.

¶3Learned counsel for the applicant submits that opposite party no. 2 instituted proceedings under Section 12 of the Domestic Violence Act. He next submits that both the parties i.e. applicant and opposite party no. 2 have entered into compromise and settled the dispute out of the court. A copy of compromise deed has been filed as Annexure-3 to the application. He next submitted that compromise deed and application be decided in terms of the compromise filed before the trial court. Further submission is that proceedings under Section 125 Cr.P.C. between the parties were allowed in terms of the compromise vide order dated 13.06.2023.

¶4Learned A.G.A. has no objection to the aforesaid prayer.

¶5In view of the above, since both the parties have entered into compromise which is evident from the compromise deed, the concerned court is directed to decide the aforesaid proceedings under Section 12 of D.V. Act after hearing both the parties, as early as possible, preferably, within a period of one month from the date of production of a certified copy of this order.

¶6With the aforesaid direction, the application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 18.10.2023 Meenu Singh High Court of Judicature at Allahabad