MAHESH SAHU AND 5 OTHERS v. State of UP AND ANOTHER
A482/40887/2024 · 2025-02-11
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108243 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108243 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 52 Case :- APPLICATION U/S 482 No. - 40887 of 2024 Applicant :- Mahesh Sahu And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Gupta,Vikrant Gupta Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Vikrant Gupta, learned counsel for the applicants and Mr. Mayank Awasthi, learned counsel for the State. The present application has been filed to quash the charge sheet dated 23.01.2024 as well as cognizance/summoning order dated 20.08.2024 and the entire proceedings of Case No.1930 of 2024 (State Vs. Mahesh Kumar Gupta and others), arising out of Case Crime No.397 of 2021, under Sections 498-A, 323, 377, 506 I.P.C. and Section 3/4 D.P. Act, against applicant no.1, and under Sections 498-A, 323, 506 I.P.C. & Section 3/4 D.P. Act, against applicant nos.2 to 6, Police Station- Soraon, District-Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court No.9, Allahabad.
Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them out of Court after which they have decided to live separately. In this regard, compromise deed has been filed before the Court concerned, in which it has been mentioned that the parties do not want to proceed with the case. Copy of said compromise deed has been annexed as Annexure No.6 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 A.G.A. has no objection to the aforesaid. In view of the above, the parties are directed to appear before the court below along with copy of compromise deed as well as certified copy of this order for verification of the same. 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 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. For a period of two months or till verification of compromise between the parties by the Court concerned, 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 :- 11.2.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad