Farman and 8 Others v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 40424 of 2023 Applicant :- Farman And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zaid Arshad Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and Shri Meraj Ahmad Khan, 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 impugned charge sheet and stay the entire proceeding against the applicant in in Case no. 4833/2023 arising out of Case Crime No. 456/2022, under Section 498-A,452,326,323,504,506 I.P.C & section 3/4 DP Act & 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Behat District Saharanpur pending before Civil Judge (Juniour Division), Saharanpur.

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

29.08.2023, copy of which is appended as annexure 3 to the present petition. 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 three 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 six 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 ten weeks 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 :- 2.11.2023 Pramod Tripathi High Court of Judicature at Allahabad