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Jiya-Ur-Rehman and 3 Others v. State of U.P. and Another

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
11 December 2023
Case no.
A482 45089/2023

Judgment

Court No. - 89 Case :- APPLICATION U/S 482 No. - 45089 of 2023 Applicant :- Jiya-Ur-Rehman And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh 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 charge-sheet dated 18.08.2023, cognizance/summoning order dated 11.10.2023 as well as entire proceedings of Criminal Case No.806 of 2023 arising out of Case Crime No.0022 of 2023 (State vs. Jiya-ur Rehman Khan and others), under Sections 498A, 323 I.P.C., under Section 3/4 Dowry Prohibition Act & under section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station-Mahila Thana, District-Rampur pending in the court of Civil Judge (Junior Division), FTC-Rampur.

¶3Learned counsel for the applicants submits that opposite party no.2-informant is wife of applicant no.1 and now parties have settled the dispute out of the Court and compromise entered between the parties. Compromise deed has been filed as Annexure 6 to the application but they have not filed compromise deed before the court below.

¶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 :- 12.12.2023 SKD High Court of Judicature at Allahabad

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.