MOHD. ARSHAD AND 3 OTHERS v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A482/739/2025 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119614 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119614 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5608 Court No. - 12 Case :- APPLICATION U/S 482 No. - 739 of 2025 Applicant :- Mohd. Arshad And 3 Others Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Himanshu Anand Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Vakalatnama filed by Sri Ram Suresh, Advocate on behalf of the private opposite party No. 2 in the Court today is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"i) Quash the impugned chargesheet no.01 dated 29-08-2022 submitted by the investigation officer before the Court of Civil Judge (S.D.)/FTC Hardoi in case crime No. 325 of 2022 under section 498A, 323, 504 IPC & 3/4 of Dowry Prohibition Act and and Section 3/4 of Muslim Woman (Protection of Right on Divorce) Act State Vs. Arshad & others as well as the entire proceeding of aforesaid Case crime No. 325 of 2022. contained as Annexure No. 1 & 2 to this petition. ii) Quash the entire ciriminal proceeding of case crime No. 325 of 2022 under section 498A, 323, 504 IPC & 3/4 of Dowry Prohibition Act and and Section 3/4 of Muslim Woman (Protection of Right on Divorce) Act State Vs. Arshad & others in the interest of justice."
Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 3 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise
before the concerned court within four week's from today. (ii) If the parties appear before the concerned court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.
Order Date :- 28.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench