Alok Kumar Yadav and 2 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 41418 of 2023 Applicant :- Alok Kumar Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

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

¶2The present 482 Cr.P.C. application has been filed to quash the impugned charge-sheet dated 20.04.2021, cognizance order dated 17.02.2022 as well as entire proceedings of Case No.15344 of 2022 arising out of Case Crime No.33 of 2020 (State vs. Alok and others), under Sections 498A, 323, 506 I.P.C & 3/4 Dowry Prohibition Act, Police Station-Mahila Thana Saifai, District-Etawah, pending in the court of Civil Judge (Junior Division)/F.T.c,./J.M. (C.A.W.) Etawah.

¶3Learned counsel for the applicants submits that applicant no.1 is husband of opposite party no.2 and opposite party no.2 lodged FIR on some misconception. Now both the parties have settled their dispute out of the Court. Opposite party no.2 in his compromise affidavit has stated that she is living with the applicant no.1. Compromise application has been filed as Annexure 4 to the application.

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

¶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 :- 8.11.2023 SKD High Court of Judicature at Allahabad