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2025 DAILYLAW 169805 (ALL)

ARIF AND 3 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/11448/2024 · 2025-03-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13459 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11448 of 2024 Applicant :- Arif And 3 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Amit Kumar Singh,Sneha Singh Counsel for Opposite Party :- G.A.,Sagar Singh,Shri Ram Maurya Hon'ble Saurabh Lavania,J. 1. Supplementary affidavit filed today is taken on record. 2. In pursuance of order dated 03.03.2025, the applicant no.1 and his wife-opposite party no.2 are present before this Court who have been identified by their respective counsel. 3. Heard learned counsel for the parties and perused the record. 4. Instant application has been preferred by the applicant(s) for the following main relief(s):- "Wherefore it is most respectfully prayed that this Hon'ble court may kindly be pleased, That it would be expedient in the interest of justice That this Hon'ble court may kindly be pleased to quashed the proceeding of criminal case no 1342 of 2024 and Charge sheet dated 30.07.2024 as well as Summon order Oath Commissioner dated 3.10.2024, arising out of case crime /F.I.R No 45 of 2024 under section under section 498 A /504/506 , I.P.C and Section 3/4 Dowry Prohibition Act and section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019 Police Station Bangarmau District Unnao ,pending before the CAW / FTC, Unnao contained Annexure no 5 and 6 this petition and it is further prayed that during the pendency of the present application the proceeding of criminal case no 1342 of 2024 be stayed till final disposal." 5. It is stated that the parties have settled their dispute amicably outside the Court as would appear from the original compromise deed annexed with the supplementary affidavit as also a copy of demand draft no.828655 dated 04.03.2025 of the amount to the tune of Rs.2,25,000/- and as such the proceedings in issue, i.e. criminal case arising out of FIR/Case Crime No.45 of 2024, under Sections 498-A, 504, 506 I.P.C. & Section 3/4 of Dowry Prohibition Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, P.S.- Bangarmau, District- Unnao be quashed in view of the settlement/compromise arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard. 6. 6. 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. 7. 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 weeks 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 four weeks 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 :- 5.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench