Extracted from the PDF above. The PDF is authoritative.
Court No. - 73 Case :- APPLICATION U/S 482 No. - 10582 of 2019 Applicant :- Salim And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Sharma Counsel for Opposite Party :- G.A.,Mohammad Khalid Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Satya Prakash Sharma, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State.
3. This is an application U/s 482 Cr.P.C. filed for quashing the proceeding of complaint case no. 861 of 2017 (Smt. Majidan vs. Salim and ors) pending in the court of Chief Judicial Magistrate, Kasganj and the operation of the impugned order dated 03.01.2019 passed by CJM, Kasganj in complaint case no. 861 of 2017 under Section 468A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Kasganj, District Kasganj.
4. Learned counsel for the applicant submits that during the pendency of the aforesaid proceedings, the parties have entered into compromise and a copy of the compromise is on record as annexure-1 at page-9 of the supplementary affidavit. Reference whereof has been made in para-6 on 11.10.2022 and further the same has also been filed before the court of Civil Judge (J.D.) J.M. FTC, Kasganj, a copy of the same is annexure-2 from page-14 onwards. Reference whereof has been made in para-8. Learned counsel for the applicants submits that earlier the complaint case no. 861 of 2017 (Smt. Majidan vs. Salim and Ors) under Section 468A, 323, 504, 506 IPC and 3/4 D.P. Act. However, while inviting attention towards page prior to page-15. Now the case no.567 of 2020. Learned counsel for the applicants submits that till verification is done, the protection be accorded to the applicants.
5. Learned AGA has no objection to the same.
6. Considering the submissions so made across the bar, the present application stands disposed of directing the applicant (parties) to appear before the court of civil judge (J.D.) J.M./FTC, Kasganj by 30.05.2025 and file a self attested copy of the present application along with the supplementary affidavit and certified copy of the
order. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants within two months.
7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicant in thethe proceeding of complaint case no. 861 of 2017 (Smt. Majidan vs. Salim and ors) pending in the court of Chief Judicial Magistrate, Kasganj and the operation of the impugned order dated 03.01.2019 passed by CJM, Kasganj in complaint case no. 861 of 2017 under Section 468A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Kasganj, District Kasganj. The protection accorded to the applicant shall only apply in those contingencies wherein the applicant strict to the timeline and does violate any of the conditions of the order, and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise.
Order Date :- 7.5.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad