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Neutral Citation No. - 2025:AHC:111430 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.23) Court No. - 78 Case :- APPLICATION U/S 482 No. - 42129 of 2024 Applicant :- Gulshama Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Mohd. Arshad, learned counsel for the applicant and Sri Shashi Kant Rai, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 30.03.2024 passed in Criminal Revision No. 160 of 2023 (Mansoor and Other vs. State of U.p. and Another) and impugned summoning order dated 15.01.2023 passed by Civil Judge (Junior Division)/F.T.C. Judicial Magistrate, Ghaziabad under Section 406 I.P.C.
3. Learned counsel of the applicant submits that the applicant herein is the wife of the opposite party no.4. There was a matrimonial dispute between the parties. In connection with this, an F.I.R. was lodged by the opposite party no. 2 under Section 498A I.P.C. and other allied offences against the opposite parties. In connection with the same, a compromise was executed between the parties according to which the parties have settled their disputes amicably for a sum of Rs. 10,00,000/- to be paid to the applicant herein by the opposite party no. 4. Though, the execution of the said compromise is admitted to the applicant herein, however, she submits that no amount in pursuance of the said compromise was ever been paid by the opposite party no. 2. However, at the time of execution of the compromise, signatures were obtained on the receipts of the said amount, which were handed over to the police so that once the amount is paid, the receipt will be handed over to the opposite party no. 2. However, the opposite party no. 2 in collusion with the police, had taken the said receipt but did not pay any amount to the applicant herein and
on the basis of the same said compromise, the summoning order passed in the instant case has been set-aside by the Revisional Court and the matter has already been remanded back to the Magistrate for passing a fresh order in light of the order passed by the Revisional Court.
4. In view of the aforesaid submissions, the instant case is
disposed of with a direction to the learned Magistrate that before passing any summoning order, he shall call for a report from the concerned police station where a compromise was executed between the parties and verify the veracity of the same and thereupon pass an appropriate order accordingly.
Order Date :- 11.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad