ANIL SAGAR ALIAS LALIT AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/2816/2025 · 2025-01-27
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11900 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11900 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:14099 Court No. - 77 Case :- APPLICATION U/S 482 No. - 2816 of 2025 Applicant :- Anil Sagar Alias Lalit And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama filed by Sri Ankit Tiwari on behalf of opposite party no. 2 is taken on record. 2. Heard Sri Praveen Kumar, learned counsel for the applicants, Sri Sri Ankit Tiwari, learned counsel for the opposite party no. 2 and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash/set-aside the entire criminal proceedings of Complaint Case No. 143793 of 2022 (Niharika @ Krishna Vs. Anil Sagar @ Lalit and others) under Sections- 498-A, 323, 504 I.P.C. and Section 3/4 of D.P. Act, Police Station- Kakadev, District- Kanpur Nagar as well as impugned summoning order dated 16.09.2022 passed by the court of Metropolitan Magistrate- II, Kanpur Nagar. 4. Contention of learned counsel for the applicants is that dispute between the parties is purely matrimonial in nature, now they have settled their dispute amicably and a written compromise dated 16.12.2024 has also been entered into between the parties and copy of the same has been annexed at page no. 38 to this application. It is next submitted that on the basis of the aforesaid compromise, impugned proceeding may be quashed. It is further submitted that both the parties have filed
application u/s 13-B of Hindu Marriage Act and divorce was also granted on the basis of mutual consent on
23.11.2024. 5. However, learned A.G.A. pointed out that the aforesaid compromise is yet to be verified by the court below. Unless the compromise is verified, the proceedings cannot be quashed. 6. Considering the aforesaid submission, the present application is disposed of with a direction to the applicants to file original deed of compromise before the court below within a period of 15 days. In case, such compromise is filed in the aforesaid time, the court below will verify the same after summoning the parties within a period of next two months. 7. It is further provided that for a period of two and half months, no coercive action shall be taken against the applicants. 8.
It is further provided that parties are at liberty to file fresh application u/s 482 Cr.P.C./528 B.N.S.S. if required to quash the impugned proceeding on the basis of verified compromise. Order Date :- 27.1.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad