MOHD ANAS AND 3 OTHER v. STATE OF U.P. AND ANOTHER
A482/41497/2024 · 2025-02-26
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109561 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109561 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:27234 Court No. - 52 Case :- APPLICATION U/S 482 No. - 41497 of 2024 Applicant :- Mohd Anas And 3 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Namman Raj Vanshi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Namman Raj Vanshi, learned counsel for the applicants and Mr. Deepak Kapoor, learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 11.09.2020, cognizance order dated 05.09.2024 as well as entire proceedings of Criminal Case No.16487 of 2022 (State Vs. Raees and others), arising out of Case Crime No.139 of 2020, under Sections 498A, 323, 354, 354Kha, 504, 506 I.P.C. and 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Lisadigate, District Meerut, pending in the court of learned Special Chief Judicial Magistrate, Meerut. on the basis of compromise.
Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them. In this regard, an application has been moved by the opposite party no.2 before the court concerned that she does not want to proceed with the case. 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. 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 move an
application alongwith compromise deed before the court concerned and the parties are also directed to appear before the court below for verification of the compromise deed alongwith 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 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 report as well as compromise 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, 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 :- 27.2.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad