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2025 DAILYLAW 117356 (ALL)

VIRENDRA KUMAR and ORS. v. STATE OF U.P. and ANR.

A482/4948/2017 · 2025-08-12

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47158 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4948 of 2017 Applicant :- Virendra Kumar And Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Pankaj Verma,Paritosh Shukla Counsel for Opposite Party :- Govt. Advocate,Karunakar Srivastava,Santosh Kumar Tripathi Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Sri Santosh Kumar Tripathi, learned counsel for opposite party no. 2 and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet no. 409 of 2016 filed in Case Crime No. 177 of 2016, under Sections 498A IPC, Police Station Kotwali Nagar, District Gonda. Learned counsel appearing for the applicants submits that the dispute is purely civil in nature, as there is a matrimonial dispute in between the husband and the wife and due to which the instant FIR has been lodged and criminal proceedings have been initiated against the applicants. He next added that thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 23.04.2025, which has been annexed as Annexure No.SA-1 alongwith the supplementary affidavit dated 02.05.2025. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped. Learned AGA appearing for the State has no objection to the contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 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. For a period of three months, the proceedings initiated in pursuance of Case Crime No. 177 of 2016, under Sections 498A IPC, Police Station Kotwali Nagar, District Gonda, shall remain stayed, so far as present applicants are concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. Office is directed to return back the original compromise deed dated 23.04.2025 to learned counsel for the applicants within a week. Order Date :- 12.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench