Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 10201 (ALL)

LAXMAN SINGH AND 3 ORS v. STATE OF U.P. AND ANR

A482/5304/2019 · 2025-04-08

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:52466 Court No. - 73 Case :- APPLICATION U/S 482 No. - 5304 of 2019 Applicant :- Laxman Singh And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.,Rama Shankar Mishra Hon'ble Vikas Budhwar,J. 1. Heard Sri Ramesh Kumar Pandey, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State and Sri Rama Shankar Mishra, learned counsel for opposite party no.2. 2. This is an application under Section 482 Cr.P.C. filed for quashing the entire proceeding of criminal case no. 4389 of 2018 (State vs. Laxman Singh and Ors) of charge sheet No.21./2018 dated 21.09.2018 arising out of case crime no.21 of 2018, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Bulandghahr pending in the cour of ACJM, Bulandshahr. 3. This Court while entertaining the present application on 07.03.2019 proceeded the following order: "Heard learned counsel for the applicants and learned A.G.A. for the State. It is submitted by learned counsel for the applicants that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court. It is directed that applicants shall deposit a sum of Rs. 15,000/- by 25.3.2019 with the Mediation Centre of which 80% shall be paid to the opposite party no.2 for appearance before the Mediation Centre. The matter is remitted to the Mediation Centre with the direction that the Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months after giving notices to both the parties. It is made clear that High Court Mediation & Conciliation Centre, Allahabad required to submit its report by last week of May positively. The case shall be listed after receipt of the report of the High Court Mediation & Conciliation Centre, Allahabad before appropriate Bench. Till the next date of listing, no coercive action shall be taken against the applicants in Criminal Case No. 4389 of 2018, case crime no. 21 of 2018, under Sections 498A, 323, 504 and 506 I.P.C., and 3/4 D.P. Act, Police Station Mahila Thana, District Bulandshahar, pending in the Court of A.C.J.M.-I, Bulandshahar. Only after the aforesaid amount is deposited, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, this interim order shall automatically stand vacated. " 4. Learned counsel for the applicant submits that a compromise stood entered into between the parties out of the court on 25/26.08.2020 annexed as Annexure- SA-I at page 7, 8 reference whereof has been made in paragraph 5 of the application. It is further submits that proceedings under section 13B stood in motion pursuant thereto, there has been a mutual divorce in case no. 320 of 2020 on 04.03.2021 and while inviting attention towards in paragraph-6 at annexure S.A. 2 of the supplementary affidavit. It is also contended that a demand draft of Rs. 5 lac has already been handed over by the applicant to opposite party no.2. Learned counsel for the applicant thus submits that now there is no occasion to proceed with the proceeding in criminal case no. 4389 of 2018 arising out of case crime no. 21 of 2018 under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act. Learned counsel for the applicant submits that direction be issued for verification and in the meantime interim protection be accorded. 4. Learned AGA as well as counsel appearing for opposite party no.2 does not dispute the fact, according to them the proceeding under section 13 B of Hindu Marriage Act stood finalized and the amount which was liable has been paid to opposite party no.2. 5. Considering the said submission, the application stands disposed of directing the applicants (parties) to appear before the court below by 02.05.2025 along with the self attested copy of the present application, supplementary affidavit and certified copy of the order and original copy of compromise deed. On the receipt of the same, the court below shall make endeavour to put to notice the other party and, thereafter, verify the compromise application as alleged to have been filed by most expedition. 6. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceeding of criminal case no. 4389 of 2018 (State vs. Laxman Singh and Ors) of charge sheet No.21./2018 dated 21.09.2018 arising out of case crime no.21 of 2018, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Bulandghahr pending in the cour of ACJM, Bulandshahr. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise. 7. True copy of the compromise application be returned subject to furnishing of the photocopy. Order Date :- 9.4.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad