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2025 DAILYLAW 16643 (ALL)

LAKHAN AND ANOTHER v. STATE OF UP AND ANOTHER

NA528/5139/2025 · 2025-02-26

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27711 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5139 of 2025 Applicant :- Lakhan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Raj,Kshitij Ram Dubey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the applicants, Ms. Kirti Singh, learned A.G.A. for the State and perused the record. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 16.03.2016 arising out of Case Crime No. 250 of 2015, under Sections 498A, 323, 506 IPC, Police Station Railbazar, District Kanpur Nagar, cognizance order dated 14.06.2016 and entire criminal proceedings of Criminal Case No. 29726 of 2016, State v. Lakhan and others, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar, on the basis of compromise. Learned counsel for the parties submit that mutual divorce petition has been filed filed by the parties which has been allowed by order dated 09.10.2024. The parties have decided to live separately. In this regard, the parties have entered into compromise, copy of which has been brought on record as Annexure-4 to the petition. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of the above, both the parties are directed to appear before the court below along with a certified copy of this order and permitted to file a proper compromise deed. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants 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 applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of. Order Date :- 27.2.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad