Hashmi Siddiqui and 4 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 45202 of 2023 Applicant :- Hashmi Siddiqui And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Short counter affidavit filed today on behalf of opposite party no.2, is taken on record.

¶2Heard learned counsel for the applicants and learned A.G.A. for the State.

¶3The present 482 Cr.P.C. application has been filed to quash the charge-sheet No.218/2021 dated 30.05.2021, cognizance/summoning order dated 08.06.2021 as well as entire proceedings of Criminal Case No.648 of 2021 arising out of Case Crime No.0082 of 2021 (State vs. Hashim Siddiqui and others) in respect of applicant nos.1,2, 3 & 5 under Sections 498A, 323, 504, 506 I.P.C. & under section 3/4 Dowry Prohibition Act and in respect of applicant no.4, under sections 498-A I.P.C. and under section 3/4 Dowry Prohibition Act, Police Station-Kalyanpur, District-Kanpur Nagar.

¶4Learned 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 they have filed compromise before Additional Chief Metropolitan Magistrate-II, Kanpur Nagar.

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

¶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 :- 12.12.2023 SKD High Court of Judicature at Allahabad