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2025 DAILYLAW 111020 (ALL)

NISHANT GAUTAM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/43333/2024 · 2025-01-21

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:9981 Court No. - 52 Case :- APPLICATION U/S 482 No. - 43333 of 2024 Applicant :- Nishant Gautam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pragati,Shaili Ganguly Counsel for Opposite Party :- Archana Jha,G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Ms. Pragati, learned counsel for the applicants, Ms. Archana Jha, learned counsel for the opposite party no.2 as well as Ms. Kirti Singh, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 08.03.2022 along with the entire proceeding of Case No.22603 of 2023 (State vs. Nishant & Others), arising out of Case Crime No.38 of 2022, under Sections 498A I.P.C. and Section 3/4 D.P. Act, Police Station- Transport Nagar, District- Meerut, on the basis of compromise deed dated 03.02.2024. 3. Learned counsel for the parties 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 and they have also filed a mutual divorce petition, therefore, in this regard, a compromise affidavit on behalf of both the parties has been annexed as Annexure No.4 of this application. He further submits that 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 303.6. Learned A.G.A., 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. 4. Learned A.G.A., 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 the certified copy of this order and be permitted to file a proper compromise deed as well as an application 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? 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 :- 21.1.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad