Rishi Gopal Tiwari and 3 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 41549 of 2023 Applicant :- Rishi Gopal Tiwari And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Kumar Mishra 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 entire criminal proceedings against the applicants in Case No.738-C/2003, under Sections 498-A, 504, 506 IPC and 3/4 D.P. Act, Police Station Kotwali Fatehgarh, District Farrukhabad pending in FTC II / Civil Judge (J.D.) Farrukhabad in pursuance of compromise.

¶3Counsel for the applicants submits that applicant no.1 is husband of the opposite party no.2 and both the parties has dissolved their marriage and living separately. It is next submitted that parties have entered into compromise and opposite party no.2 does not want to proceed against the applicants. No need to keep the proceedings pending. Compromise deed has been filed before the trial court and the same has been filed as annexure 2 to the affidavit.

¶4Accordingly, 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.

¶5In view of the above, the present application is disposed of.

¶6For a period of five weeks, no coercive measure shall be taken against the applicant. Order Date :- 8.11.2023 I.A.Siddiqui High Court of Judicature at Allahabad