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2025 DAILYLAW 168058 (ALL)

RAM MOHAN AND 4 OTHERS v. STATE OF U.P. THRU. PRIN.SECY. HOME DEPTT. AND ANOTHER

A482/10864/2023 · 2025-08-19

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48606 Court No. - 11 Case :- APPLICATION U/S 482 No. - 10864 of 2023 Applicant :- Ram Mohan And 4 Others Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. And Another Counsel for Applicant :- Mohd Wajid Irfan Counsel for Opposite Party :- G.A.,Sunil Kumar Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):- "I. Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Non-Bailable Order dated 29.10.2022, passed by Court of Civil Judge (Junior Division) F.T.C (Regarding Offence against woman), Lucknow and Case no. 509/21, "Sagar vs Ram Mohan and others" arising out of Complaint case dated 9.09.2021 u/s 452, 504, 506 & 506 I.P.C, contained in Annexure No.1 and 2 to this petition." It is stated that on account of matrimonial dispute/discord between husband and wife namely Sagar/opposite party No. 2 and Dibya Kumari D/o applicant No. 1/Ram Mohan, both the side initiated proceedings against each other. It is further stated that during pendency of the proceedings in issue, both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. SA-1 to the Supplementary Affidavit dated 08.05.2025 filed on behalf of the applicants. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within four week's from today. (ii) If the parties appear before the concerned court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. Order Date :- 19.8.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench