Prateek Kushwaha and 3 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 40550 of 2023 Applicant :- Prateek Kushwaha And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard Sri Anil Kumar, learned counsel for the applicants and learned A.G.A. for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants to quash the cognizance/summoning order dated

03.01.2019 and charge sheet No. 828 of 2018 dated 03.12.2018 as well as entire proceeding of Case No. 5 of 2019 (State Vs. Prateek Kushwaha) arising out of Case Crime No. 742 of 2018, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station, Dhoomanganj, District Prayagraj pending in the Court of Additional Chief Judicial Magistrate 9, Allahabad on the basis of compromise dated 14.10.2023.

¶3Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, copy of compromise deed dated 14.10.2023 has been annexed as Annexure-6 to this affidavit. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.

¶4Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.

¶5In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within two weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

¶6The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

¶7For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case.

¶8With the aforesaid directions, this application is finally disposed of. Order Date :- 22.11.2023 Imtiyaz High Court of Judicature at Allahabad