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Neutral Citation No. - 2025:AHC:13508 Court No. - 52 Case :- APPLICATION U/S 482 No. - 34823 of 2024 Applicant :- Afak Alvi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Sufiyan,Mohd. Shurjeel Najam Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the applicants, and Mr. Pramod Kumar Singh, learned Brief Holder for the State. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the cognizance order dated 21.12.2020, charge sheet dated 06.07.2020 arising out of Case Crime No. 216 of 2020, under Sections 323, 506, 498-A IPC read with Section 3/4 Dowry Prohibition Act, Police Station Kareli, District Allahabad, and the proceedings of said case.
Learned counsel for the parties submit that the parties have amicably settled their dispute out of Court and have entered into compromise and decided to live separately. In this regard, a compromise deed has been filed, copy of which has been annexed as Annexure no.5 to this application. 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. 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. In view of the above, both the parties are directed to appear before the court below along with a certified copy of this order and permitted to file a proper compromise deed. 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 statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. 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. Till verification of compromise between the parties by the court concerned or for a period of two months, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of.
Order Date :- 27.1.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad