ABHAY SINGH @ ABHAY KUMAR SINGH AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1621/2025 · 2025-02-20
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124928 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124928 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11018 Court No. - 18 Case :- APPLICATION U/S 482 No. - 1621 of 2025 Applicant :- Abhay Singh @ Abhay Kumar Singh And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Narvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 06.02.2021, summoning order dated 16.09.2022 and proceedings of Case Crime No. 485 of 2020, under Sections 498-A, 323, 504, 354 I.P.C. and Sections 3/4 D.P. Act, Police Station Mohanlalganj, District Lucknow pending in the Court of Additional Chief Judicial Magistrate, Court No. 27, Lucknow on the basis of compromise. It is argued by learned counsel for the applicant that the applicant no. 1 is husband of opposite party no. 2 and rest of the applicants are family members of applicant no. 1. The marriage of applicant no. 1 with the opposite party no. 2 was solemnized on 30.04.2013 but on account of acrimonious relation, their marriage was not successful, as a result thereof, opposite party no. 2 lodged a first information report on 03.09.2020 against the applicants making allegation of harassment and torture in her matrimonial home, in which after culmination of investigation, charge- sheet has been submitted on 06.02.2021, on which the concerned court below took cognizance and summoned the applicants on 16.09.2022 to face trial. Thereafter, the parties concerned entered into a compromise outside the Court on 17.11.2022 and settlement arrived at between the parties concerned. Copy of the said compromise deed dated 17.11.2022 has been brought on record as Annexure No. 4 to the affidavit. It is submitted that no compromise application has yet been filed before the concerned Court below, where criminal proceeding is pending against the applicants and requested to allow the applicants to move compromise application before the concerned Court below. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court.
On the request made by learned counsel for the applicants three weeks' time is allowed to the applicants to file compromise application before the concerned Court below. Accordingly, the court concerned Court below is
directed that in case such compromise application is filed by the applicant before it within aforesaid period, 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 applicant to approach this Court again for quashing of the proceedings. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicant in the aforesaid case. With the aforesaid directions the application stands disposed of. The original compromise deed dated 17.11.2022 filed at Annexure No. 4 to the affidavit be returned to the counsel for the applicant within two days.
Order Date :- 20.2.2025 saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad, Lucknow Bench