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2025 DAILYLAW 103431 (ALL)

MOHIT @ DINESH AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/34901/2024 · 2025-02-12

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20989 Court No. - 52 Case :- APPLICATION U/S 482 No. - 34901 of 2024 Applicant :- Mohit @ Dinesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Kumar,Shashi Ranjan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Dhiraj Kumr, learned counsel for the applicants and Mr. Satendra Tiwari, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 15234 of 2017, arising out of Case Crime No. 32 of 2017, under sections 498A, 452, 323, 406, 504 I.P.C. and section 3/4 D.P. Act, P.S. Kavi Nagar, District- Ghaziabad, pending in the court of Civil Judge (J.D.)/F.T.C.- I/Judicial Magistrate, Ghaziabad, as well as impugned order dated 4.9.2024 on the basis of compromise. 3. Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them. In the said compromise the opposite party no. 2 has categorically stated that she is ready to live separately from her husband. He also stated that all the allegations which have been made in the F.I.R. were baseless. In this regard, an application along with compromise deed on behalf of both the parties has been filed before the court below stating therein that they have entered into compromise and they do not want to press the case, copy of said application has been annexed as Annexure no.4 to this application. He further submits that both the parties are ready for mutual divorce and they have filed mutual divorce petition under Section 13(B) of Hindu Marriage Act before the Family Court, Ghaziabad. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. 4. Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. 5. In view of the above, both the parties are directed to appear before the court below along with an application for verification of the compromise deed as well as a certified copy of this order. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? 6. The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings. 7. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 8. With the aforesaid directions, this application is finally disposed of. Order Date :- 13.2.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad