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2025 DAILYLAW 16102 (ALL)

MOHD. SADIQUE AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/9916/2021 · 2025-02-19

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25285 Court No. - 74 Case :- APPLICATION U/S 482 No. - 9916 of 2021 Applicant :- Mohd. Sadique And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lakshmi Kant Pandey,Sunil Kumar Pandey Counsel for Opposite Party :- G.A.,Mahtab Alam Hon'ble Vikas Budhwar,J. 1. Heard learned counsel for the parties. 2. This Court on 09.07.2021 proceeded to pass the following order: "Heard learned counsel for the applicants and learned A.G.A. for the State opposite party through video conference. The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet dated 14.5.2020 in Case Crime No. 1588 of 2019, under Section 498A/323/504 and 3/4 D.P. Act, P.S. Cantt., District Varanasi which is registered as Case o. 1791 of 2021 (State vs. Mohd. Sadique and others) and to quash summoning order dated 18.1.2021 passed by Chief Judicial Magistrate, Varanasi. It is contended that there is matrimonial dispute between the parties. Marriage was solemnized in the year 2015. Applicant no.1 is the husband, applicant no.2 is the father-in-law and applicant no.3 is the mother-in-law of the opposite party no.2. He contends that the husband as well as entire family members of the husband-applicant no. 1 have been falsely implicated in the present case by the opposite party no. 2 on the general allegations, which is against the well settled principles of law as laid down by the Hon'ble Supreme Court in the 2012 (10) SCC 741 in the matter of Geeta Mehrotra and Another Vs. State of Uttar Pradesh. So far as the husband-applicant no. 1, namely, Mohd. Sadique is concerned, learned counsel submitted that he is not pressing the principal prayer made in this application. He submits that the applicant no.1 may be granted liberty to surrender before the concerned Court and apply for bail. Considering the submissions made by learned counsel for the applicants, the prayer, so far as it relates to seeking quashing of the charge-sheet as well as summoning order in respect of applicant no.1 is concerned, the same stands refused. The applicant no.1 is granted liberty to surrender before the trial Court and apply for regular bail. With the aforesaid directions, this application is finally disposed of so far as applicant no. 1 is concerned. So far as the applicant nos. 2 and 3 are concerned the following order is being passed:- Issue notice to the opposite party no. 2 by registered post AD. Steps be taken within a week. Learned AGA as well as opposite party no.2 may file their respective counter affidavit on or before the date fixed. List this case in the additional cause list in the week commencing 23.8.2021. Till the next date of listing, no coercive action shall be taken against the applicant nos. 2 and 3 in the aforesaid case." 3. Thereafter, this Court proceeded to pass the following orders on 14.03.2024: "Learned counsel for the applicants and learned counsel for the opp. party no. 2 are present. It is submitted that the parties have arrived at a compromise. The compromise has been filed by the learned counsel for the applicant in registry on 22.10.2022 but the same is not on record. Office is directed to trace out the same and place it on record. As the dispute is matrimonial and the parties are said to have arrived at a compromise, the parties are directed to appear before the trial court within a period of 15 days from today along with the compromise deed. If the parties appear before the trial court within the stipulated period mentioned above, the trial court shall verify the compromise deed, pass an appropriate order thereon and transmit the certified copy of the compromise deed along with the certified copy of the order passed thereon to this court within 15 days thereafter. List on 18.4.2024. Till then no coercive action shall be taken against the applicants. " 4. There happens to be a report of Chief Judicial Magistrate, Varanasi dated 12.02.2025 showing the fact that on 11.10.2024, the parties have compromised and the same stands verified also. 5. Learned counsel for the applicants submits that the proceedings be quashed. 6. In view of the above, learned counsel for the opposite parties do not dispute the said fact and submits that they have no objection to the same. 7. Considering the submission of the parties and stand taken by them, the application stands disposed of. 8. The impugned charge sheet dated 14.5.2020 in Case Crime No. 1588 of 2019, under Section 498A/323/504 and 3/4 D.P. Act, P.S. Cantt., District Varanasi which is registered as Case o. 1791 of 2021 (State vs. Mohd. Sadique and others) as well as summoning order dated 18.01.2021 passed by Chief Judicial Magistrate, Varanasi are hereby quashed insofar as applicant Nos. 2 and 3 are concerned. Order Date :- 20.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad