Sanjay and 2 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 23151 of 2016 Applicant :- Sanjay And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.,Mahesh Kumar,Rajesh Kumar Dubey,Tapan Kumar Mishra Hon'ble Deepak Verma,J.

¶1Heard 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 summoning order dated 22.05.2015 as well as entire proceedings of Complaint Case No.309 of 2015(Ganesh Prasad vs.Sanjay and others), under Sections 498A, 323, 504, 506 I.P.C. & under section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Jhansi.

¶4Applicants have challenged the proceeding under aforesaid sections by filing Application u/s 482 Cr.P.C. No.23151 of 2016. Hon'ble Court by order dated

20.09.2016 referred the matter before the Mediation & Conciliation Centre. Parties appeared before Mediation & Conciliation Centre. Mediation & Conciliation Centre submitted report on 24.05.2017 that despite interim settlement, parties failed to arrive at final settlement. Mediation completed but parties not reach to any agreement. Learned counsel for the applicants next submitted that parties have amicably settled the dispute out of court and compromise deed has been filed as Annexure No.2 with short counter affidavit.

¶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