Rajesh Kumar and 4 Others v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 39206 of 2023 Applicant :- Rajesh Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.,Sandeep Singh Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and Shri Saneep Singh, Advocate, who put up his appearance on behalf of the opposite party no.2.

¶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 the Case No. 23828 of 2023 (State Vs. Rajesh Kumar & others) pending in the Court of Civil Judge (Jr. Div.) F.T.C. against Women Crime Judicial Magistrate Mathura including Charge Sheet dated 19.11.2022 and cognizance order dated 20.3.2023, arising out of Case Crime No.0201 of 2022, under Sections 498A, 323,504 I.P.C.. & 3/4 D.P. Act, Police Station-Mogarra District-Mathura on the basis of Compromise dated 19.4.2023 settled between the parties.

¶3It is admitted between the counsel for the parties present that a compromise has already been taken place between the parties on

19.04.2023, copy of which is appended as annexure 4 to the present application. On the basis of which it is argued that the court below be directed to pass appropriate orders and till then no coercive action shall be taken against the applicants.

¶4Learned AGA has no objection.

¶5Accordingly, the parties are directed to appear before the court below along with certified copy of this order and move an proper application along-with original copy of the compromise deed executed between them for verification of the aforesaid compromise within a period of two weeks from today. If such an application along with compromise deed is 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 four weeks thereafter.

¶6In 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.

¶7For a period of two months or till decision on the application, whichever is earlier, no coercive action shall be taken against the applicants.

¶8With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed off. Order Date :- 1.11.2023 Pramod Tripathi High Court of Judicature at Allahabad