Devendra and 3 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 34062 of 2023 Applicant :- Devendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar 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 charge sheet dated 29.08.2018 and cognizance order dated 04.03.2020 as well as the entire proceedings of case no. 138 of 2020, arising out of case crime no. 41 of 2018, under Section 498-A, 323, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Redhar, district Jalaun, pending in the court of Additional Civil Judge (J.D.) Kauch/Judicial Magistrate Kouch, Jalaun in pursuance of compromise.

¶3Learned counsel for the applicants submits that the parties have already settled their matrimonial dispute in pursuant of which, the decree of divorce under Section 13-B of Hindu Marriage Act has been passed vide order dated 17.08.2021. It is further submitted that opposite party has already filed case under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, in which, the charge sheet has been submitted by the Investigating Officer. 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 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 :- 30.10.2023 Gaurav High Court of Judicature at Allahabad