SHAHJAD @ SHAJAD AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/40952/2024 · 2025-02-26
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108393 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108393 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:27258 Court No. - 52 Case :- APPLICATION U/S 482 No. - 40952 of 2024 Applicant :- Shahjad @ Shajad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.S. Maurya Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Mr. Satish Chandra Tiwari, Advocate appearing on behalf of opposite party no.2 has filed his vakalatnama in the Court today which is taken on record. 2. Heard Mr. R.S. Maurya, learned counsel for the applicants as well as Mr. Deepak Kapoor, learned A.G.A. for the State and perused the record. 3. The present 482 Cr.P.C. application has been filed to quash the Charge Sheet No.250 of 2021 dated 26.08.2021 along with Cognizance/Summoning order dated 14.09.2021 and the entire proceeding of S.T. No.582 of 2021 (Session Case No.1065/2021) (State vs. Shahjad and Another), under Sections 452, 354A, 326A, 307, 504 I.P.C. and Section 3/4 Muslim Women (Protection of Right on Marriage) Act, 2019, Police Station- Sardhana, District- Meerut, pending in the court of Additional District and Session Judge, Court No.3, Meerut, on the basis of compromise. 4. Learned counsel for the applicants submits that the proceedings under Section 125 Cr.P.C. and Section 498-A I.P.C. have been decided on the basis of compromise between the parties. In the present case also, compromise has been entered into between the parties and 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.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. 4.
Learned A.G.A. as well as learned counsel for the opposite party no.2 do not dispute the aforesaid fact., 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 copy of 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 :- 27.2.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad