Rubi and Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lucknow and Another

Court No. -11 Case :-APPLICATION U/S 482 No. -3504 of 2022 Applicant :-Rubi And Others Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lucknow And Another Counsel for Applicant :-Anoop Kumar Upadhyay Counsel for Opposite Party :-G.A.,Noorain Husain Khan(Niazi) Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been preferred by the applicants/petitioners for quashing the entire criminal proceedings of Case No. 4101 of 2022 (State vs. Sonu & Others) pending in the Court of Additional Chief Judicial Magistrate-Ist, District-Gonda, including the Charge Sheet No.01/2022, dated 03.12.2021 as also the summoning order dated 28.01.2022, arising out of Crime No.314 of 2021, under Sections 498-A, 323, 504, 506 IPC & Section 3/4 of D.P. Act, & Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2021, P.S.-Wazeerganj, District-Gonda. Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:-

(i) The parties to the proceedings i.e. Case No. 4101 of 2022 (State vs. Sonu & Others), shall appear before the concerned Court within two week's from today.

(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

(iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order.

(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

(v) It shall be open to the applicants to approach this Court again for quashing of the proceedings.

(vi) Office is directed to provide original compromise to the Counsel for the applicants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

(vii) For a period of six weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 21.11.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench