Mustafa Alias Mohd. Mustafa and 2 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 38633 of 2023 Applicant :- Mustafa Alias Mohd. Mustafa And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Sri Trilok Nath Dubey, has filed vakalatnama on behalf of opposite party no.2, which 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 dated 24.06.2022, summoning and cognizance order dated 27.07.2023 as well as the entire proceedings of Case No. 19959 of 2023 (State Vs. Mustafa Alias Mohd. Mustafa and others), arising out of Case Crime No.511 of 2020, under Sections 498-A, 323 I.P.C & 3/4 Dowry Prohibition Act, Police Station-Lisari Gate, District-Meerut, pending in the court of Special Chief Judicial Magistrate, Meerut.

¶4Learned counsel for the applicants submits that the instant dispute is matrimonial in nature and both the parties have settled the dispute out of the Court and have filed settlement deed. Copy of the compromise deed has been filed as Annexure 1 in support of the compromise application.

¶5Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the fact. He further submits that proceeding under Section 125 Cr.P.C. and Section 12 Domestic Violence Act has been set aside in terms of settlement.

¶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 :- 17.10.2023 Shivangi High Court of Judicature at Allahabad