Mohd. Faeem and 2 Others v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 38679 of 2023 Applicant :- Mohd. Faeem And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Shankar Mishra,Radhey Shyam Tripathi,Ramendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

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

¶2The applicants have preferred the present Application under Section 482 of Code of Criminal Procedure, 1973 with the prayer to quash the entire proceedings of Case No. 32950 of 2021 arising out of Case Crime No. 152 of 2021, Under Section 498A, 504, 323, 376 IPC and 3/4 D.-P. Act and 3/4 Muslim Marriage Protection Act Police Station Mugalpura, District Moradabad ( State Vs Faeem & others) on the basis of compromise dated

05.11.2022.

¶3It is submitted by learned counsel for the applicants that the parties have already entered into compromise on 05.11.2022, copy of which is appended as Annexure No.4 to the affidavit and in view of the compromise, the opposite party does not want to proceed with the case.

¶4Accordingly, the parties are directed to appear before the court below along with certified copy of this order and file original compromise deed dated 05.11.2022 along with an application for verification of the aforesaid compromise within a period of 15 days from today before the Court concerned. If such an application along with compromise deed will be filed within stipulated period, the court below is directed to verify the contents of the aforesaid compromise and after verifying the same, obtained the signatures of the parties to the aforesaid compromise and both the parties put their signatures and made statement that they were entered into the compromise voluntarily within a period of two weeks thereafter.

¶5In case, the Court concerned finds that the parties have entered into the compromise voluntarily and they do not want to proceed with the matter, the Court below will pass appropriate orders in the matter.

¶6With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed off.

¶7Till the disposal of the compromise application or for a period of four weeks whichever is earlier, no coercive action be taken against the applicants. Order Date :- 18.10.2023 saqlain High Court of Judicature at Allahabad