Shubham Verma and Another v. State of U.P. Thru. Its Addl. Chief Secy. Home Lko. and Another

Court No. -12 Case :-APPLICATION U/S 482 No. -11642 of 2024 Applicant :-Shubham Verma And Another Opposite Party :-State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :-Manoj Kumar Dubey,Deena Nath Mishra Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:-"(i) To quash the Chargesheet dated 09.04.2021 as well as summoning order dated 04.01.2022 arising out of the Case Crime No.0582/2020 lodged under Section 498A, 323, 506 IPC read with 3/4 Dowry Prohibition Act (State Vs Shubam Verma and others) pending in the court of Special Chief Judicial Magistrate, Custom, Lucknow (contained as Annexure No.1 & 2 to this Petition) ii. To quash the criminal proceedings in Case Crime No. 0582 of 2020 lodged under Section 498A, 323, 506 IPC read with 3/4 Dowry Prohibition Act (State Vs Shubam Verma and others) pending in the court of Special Chief Judicial Magistrate, Custom, Lucknow." Learned counsel for the applicants has submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and photocopy of compromise deed, duly signed by the parties, is annexed as Annexure No.4 to the present application. 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 Crime No.0582/2020, lodged under Section 498A, 323, 506 IPC read with 3/4 Dowry Prohibition Act (State Vs Shubam Verma and others), pending in the court of Special Chief Judicial Magistrate, Custom, Lucknow shall appear and file the compromise 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 :- 18.12.2024 ML/- High Court of Judicature at Allahabad, Lucknow Bench