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2025 DAILYLAW 12357 (ALL)

ANKUSH HARIT AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

A482/5936/2021 · 2025-02-27

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28890 Court No. - 74 Case :- APPLICATION U/S 482 No. - 5936 of 2021 Applicant :- Ankush Harit And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Kumar Pandey,Vikas Sharma Counsel for Opposite Party :- G.A.,Rajesh Dwivedi,Vijay Tripathi Hon'ble Vikas Budhwar,J. 1. Heard Sri Garun Pal Singh, Advocate holding brief of Sri Vikas Sharma, learned counsel for the applicants, Sri S.K. Singh, learned AGA for the State and Sri Mukesh Kumar, learned counsel for opposite party nos. 2 & 3. 2. This Court while entertaining the present application, proceeded to pass an order on 02.12.2024 which reads as under: "1. Heard learned counsel for the applicants, learned counsel for the O.P. Nos .2 and 3 as well as learned A.G.A. for the State. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the cognizance/summoning order dated 04.05.2019, Charge sheet dated 25.02.2019 as well as entire proceeding of Case No. 25441 of 2019 (State Vs. Ankush Harit & Others) arising out of Case Crime No. 0224 of 2016 u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act and Section 66E of the I.T. Act, Police Station- Mahila Thana, District- Agra. 3. It is submitted instant matter is arising out of matrimonial discord. Both the parties were judicially separated u/s 13-B of Hindu Marriage Act. Now, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed on the basis of compromise. 4. Learned counsel for the opposite party nos. 2 and 3 has nodded the factum of the compromise entered into between the parties and he has no objection, in case matter is referred before the court below for verification of compromise. It is further submitted that opposite party nos. 2 and 3 are no more inclined to prosecute the criminal proceeding against the applicants. Therefore, instant application may be allowed and criminal proceedings against the applicants may be quashed. 5. Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise. 6. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 17.12.2024/18.12.2024 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed. 7. List this matter on 28.02.2025, along with compromise verification report submitted by the court concerned, if any. 8. Till the next date of listing, interim order dated 08.07.2021 shall remain operative. " 3. There is a report of Additional Chief Judicial Magistrate, court no.3 Agra dated 03.1.2025 that the compromise has been verified. Learned counsel for the applicants also brings on record, the supplementary affidavit filed today showing the verification done. He further invites attention towards the supplementary affidavit dated 19.09.2024 wherein in the proceedings under section 13B of the Hindu Marriage Act, the relevant extract at page 26 & 34 of the paper-book, balance amount of the alimony to the tune of Rs-7.50 lac which was to be tendered is being paid as the copy of the draft drawn from ICICI Bank bearing no.519488 has been handed over to Mukesh Kumar who submits that the opposite party no.2 is also present in the Court and is identified. 4. According to Sri Mukesh Kumar, learned AGA now once the settlement stands verified and further nothing remains to be further paid by the applicants to the opposite party no.2. 5. Sri Mukesh Kumar submits that the proceedings be quashed. Learned AGA has no objection tothe same. 6. Thus, this Court finds that there is no reason to proceed with the matter. 7. Accordingly, the application is allowed. 8. The proceedings in Case No. 52441 of 2019 (State vs. Ankush Harit and others) arising out of Case Crime No. 0224 of 2016, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act and Section 66E of IT Act, Police Station-Mahila Thana, District- Agra pending in the Court of CJ.M., Agra be quashed. 9. A photocopy of the demand draft drawn by ICICI Bank for amount of Rs. 7.50/- lac bearing no.519488 is kept on record as appendix-A. Sir Mukesh Kumar shall handed over the demand draft to Smt. Sweety. for the sake of convenience, presence of Smt. Sweety be also marked in the order-sheet and the same be identified by Sri Mukesh Kumar. Order Date :- 28.2.2025 /C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad