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

Court No. - 89 Case :- APPLICATION U/S 482 No. - 40884 of 2023 Applicant :- Burhan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

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

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.9597 of 2022, arising out of Case Crime No. 74 of 2022, under Sections-498A, 323, 504, 506 I.P.C. and Section 3/4 of DP Act, Police Station-Mahila Thana, District-Muzaffarnagar, pending in the court of Civil Judge (JD)/FTC-I, Muzaffarnagar.

¶3Learned counsel for the applicants submits that the parties have reconciled their differences and compromise have entered between them which has been reduced in writing. Applicant No.1 is husband of opposite party No.2 and both are living separately on account of talaq. Compromise deed has been filed before the trial court and the same has been filed as annexure 4 to the affidavit.

¶4Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts.

¶5Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

¶6In view of the above, the present application is disposed of.

¶7For a period of five weeks, no coercive measure shall be taken against the applicants. Order Date :- 6.11.2023 Nitin Verma High Court of Judicature at Allahabad