Manavvar and 4 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 41323 of 2023 Applicant :- Manavvar And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Naushad 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 11.06.2023, summoning order dated

12.10.2023 passed by the learned Civil Judge (J.D.)/F.T.C., Shamli as well as the entire proceedings of Case No. 23406 of 2023 (State Vs. Samreen and others), arising out of Case Crime No. 143 of 2023, under Sections-498A, 323, 506 I.P.C. & Section 3/4 of Dowry Prohibition Act against the applicant nos. 1 to 3 and under Sections 376, 354B, 506 IPC against the applicant no. 4 and under Sections 323 IPC against applicant no. 5 Samreen, Police Station-Kandhla, District-Shamli, pending in the court of Civil Judge (J.D.)/F.T.C., Shamli.

¶3It has been contended by learned counsel for the applicant that the applicant no. 1 is the husband of the opposite party no. 2 and in paragraph no. 13 of the instant application, it has been stated that opposite party no. 2 and applicant no. 1 have solemnized their second marriage. He next contented that applicant no. 1 and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. He next contended that opposite party no. 2 does not want to proceed with the instant case against the applicants and his family members. A copy of the compromise deed entered into between the parties has been annexed as Annexure-4 to the application.

¶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 applicants. Order Date :- 5.12.2023 Aditya High Court of Judicature at Allahabad