Neutral Citation No. - 2025:AHC:46807 Court No. - 73 Case :- APPLICATION U/S 482 No. - 8813 of 2021 Applicant :- Aaryavrat Tyagi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Singh Pundir Counsel for Opposite Party :- Adarsh Tiwari,G.A.,Rahul Singh Tomar Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Akash Pundir, learned counsel for the applicant, Sri J.P. Singh, learned AGA for the State and Sri Adarsh Tiwari, learned counsel for opposite party no.2. 3. This Court on 23.09.2023 proceeded to pass the following order: "1. Heard Mr. Akash Pundir, Advocate holding brief of Mr. P.S. Pundir, learned counsel for the applicants, Mr. Adarsh Tiwar, learned counsel for opposite party no.2 as well as Mr. Triloki Singh, learned AGA for the State and perused the material on record. 2. This application u/s 482 has been filed by the applicants with the prayer to quash the entire proceedings of the Complaint Case No.130 of 2018 (Smt. Anjana Tyagi vs. Aaryavrat Tyagi and Others), under Sections 498-A, 323 I.P.C. & 3/4 D.P. Act, Police Station- Mahila Thana, District- Saharanpur and also quash the order dated 02.07.2019, passed by learned Additional Chief Judicial Magistrate-4th, Saharanpur as well as the entire proceedings of the aforesaid case, pending in the Court of learned Civil Judge (J.D.)/F.T.C., Saharanpur. 3. Learned counsel for the applicants submits that earlier by order dated 25.03.2021 of Co-ordinate Bench of this Court, the matter was referred before the Mediation Centre, High Court of Judicature at Allahabad. The mediation proceedings were dropped as the parties were not willing for the mediation as is evident from mediation report dated 27.05.2022. Learned counsel for the applicants submits that during the pendency of the aforesaid proceedings, the parties have amicable settled their dispute and have entered into compromise. The compromise deed has been annexed as annexure no.SA-1 to the supplementary affidavit filed by the learned counsel for the applicants on 30.08.2024. 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. 4. Learned counsel for the opposite party no.2 does not dispute the correctness of the submissions as made by the learned counsel for the applicants. 5. Learned A.G.A., however, submits that it is the concerned court below, who has to verify the fact as to whether the parties have entered into compromise, hence the parties 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. 6. Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it. 7. In view of the above, both the parties are directed to appear before the court below along with a certified copy of this order within two weeks from today and be 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, after hearing the informant, as expeditiously as possible, preferably within a period of one month from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? 8. Upon due verification of compromise, the court below may pass appropriate order in that regard and send a report to this Court. 9. List this case on 23.10.2024. 10. Till then, no coercive measure shall be taken against the applicants in the aforesaid case. " 4. Thereafter this Court on 23.10.2024 proceeded to pass the following order: "1. This Court, vide order dated 23.9.2024 has relegated the parties before the court below to get their compromise verified. However, till date there is no report on record. 2. Office is directed to send reminder to the court concerned to submit verification report. 3. List this matter on 09.12.2024. 4. Interim order, if any, is extended till the next date of listing. " 5. There is a report of Additional Chief Judicial Magistrate, 4th, Saharanpur dated 10.10.2024 showing the fact that the parties have compromised and the same stands verified on 07.10.2024. 6. Learned counsel for the applicants submits that there is nothing remains to be further adjudicated. 7. Learned AGA for the State as well as learned counsel appearing for the opposite party no.2 do not dispute the said fact. 8. Considering the submission of the parties and stand taken by them, the application stands allowed. 9. The proceeding of entire Complaint Case No. 130 of 2018 (Smt. Anjana Tyagi vs. Aaryavrat Tyagi and Ors) under Sectio 498A, 323 IPC & 3/4 D.P. Act, P.S. Mahila Thana District Saharanpur pending in the court of learned Civil Judge (J.D.)/ FTC, Saharanpur and the order dated 02.07.2019 passed by Additional Chief Judicial Magistrate, Saharanpur are hereby quashed. Order Date :- 2.4.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad