Rashid Khan @ Rashid Mubeen and 5 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 35899 of 2023 Applicant :- Rashid Khan @ Rashid Mubeen And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Sri Vishal Kumar Singh, Advocate has filed his Vakalatnama along with affidavit on behalf of the opposite party no.2, which is taken on record.

¶2Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

¶3The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 221 of 2020 (State vs. Mubeen Uddin and others), arising out of Case Crime No. 271 of 2019, against the applicant no. 1, under Sections 323, 504, 506, 498A, 377 IPC, Section 3/4 of Dowry Prohibition Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 and against the applicant nos. 2 to 3, under Sections 323, 504, 506, 498A IPC & Section 3/4 of Dowry Prohibition Act and against the applicant no. 4 under Sections 498A IPC & Section 3/4 of Dowry Prohibition Act and applicant nos. 5 to 6, under Sections 323, 504, 506, 354(A), 354(B), 498A IPC & Section 3/4 of Dowry Prohibition Act, Police Station-Lohamandi, District-Agra, pending in the court of Civil Judge (J.D.)/F.T.C. I, District-Agra, on the basis of compromise deed executed by the parties on

08.08.2023.

¶4It has been contended by learned counsel for the applicants that the applicant no. 1 is husband of opposite party no. 2. He next contended that applicant no. 1 and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed entered into between the parties has been annexed as Annexure-5 to the application.

¶5Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts.

¶6Accordingly, 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.

¶7In view of the above, the present application is disposed of.

¶8For a period of five weeks, no coercive measure shall be taken against the applicants. Order Date :- 4.12.2023 Aditya High Court of Judicature at Allahabad