SAMIR @ KAMIL AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
A482/11197/2019 · 2025-09-16
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17153 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17153 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 11197 of 2019 Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Saleem Ahmad, learned counsel for the applicants, Sri S.P. Singh, learned Sate Law Officer and Sri Manoj Kumar (AoR No.A/M0804/2012) for O.P. No.2. 2. This is an application under Section 482 of CrPC preferred by the applicant for quashing the Charge Sheet dated 07.05.2018, under Sections 323, 328, 342, 504, 506 IPC against the applicant nos. 1 to 6 and under Section 376 IPC against the applicant no.7 and cognizance order dated 01.06.2018 passed by the Special Chief Judicial Magistrate, Meerut as well as entire proceedings of Case No.16174 of 2018 (State vs. Samir and others), arising out of Case Crime no.466 of 2017, under Sections 323, 328, 342, 504, 506, 376 IPC, P.S. - Partapur, District- Meerut, pending in the Court of Additional Chief Judicial Magistrate, 5th, Meerut. 3. This Court on 30.03.2019, 04.03.2022 and 12.03.2022, proceeded to pass the following orders:-
"30.03.2019 Heard learned Counsel for the applicants and learned A.G.A. for the State. It is submitted by learned counsel for the applicants that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court. It is directed that applicants shall deposit a sum of Rs.10,000/- within two weeks from today with the Mediation Centre of which 75% shall be paid to the opposite party no. 2 for appearance before the Mediation Centre. The matter is remitted to the Mediation Centre with the direction that same may be Versus Counsel for Applicant(s) : Saleem Ahmad Counsel for Opposite Party(s) : G.A., Sameer Khan Samir @ Kamil And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
decided after giving notices to both the parties. It is directed that Mediation Centre shall decide the matter expeditiously preferably within a period of two months. Thereafter the case shall be listed before the appropriate Court. Till the next date of listing, no coercive action shall be taken against the applicants in Case No. 16174 of 2018, (State Vs. Samir & others), arising out of case crime no. 466 of 2017, under Sections 323, 328, 342, 504, 506, 376 I.P.C, Police Station Partapur,District Meerut pending in the Court of Additional Chief Judicial Magistrate,5th Meerut.
After depositing the amount, aforesaid, notice shall be issued to the concerned parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated."
"04.03.2022 Heard Sri Saleem Ahmad, learned counsel for the applicants, Sri Sameer Khan,
learned counsel for the opposite party no.2, learned A.G.A. and perused the record.
Learned counsel for the applicants submits that the parties have come to compromise and the compromise deed has been filed along with affidavit.
Learned counsel for the opposite party no.2 has conceded that the parties have compromised their matter.
Learned counsel for the parties have submitted that the compromise deed may be got verified from the trial court. Office is directed to send the photocopy of the compromise to the trial court and the trial court is directed to get the compromise deed verified and send its report before this Court on or before 30.05.2022. List this matter in the week commencing 30th May, 2022."
"18.08.2022 Heard Sri Saleem Ahmad, learned counsel for the applicants, Sri Irshad Salim, Advocate holding brief of Sri Sameer Khan, learned counsel for the opposite party no.2 and Sri Ravi Kant Kushwaha, learned AGA for the State. Vide order dated 04.03.2022, the compromise executed between the parties was sent to court below for verification and court below was also directed to submit its report before this Court on or before 30.05.2022. Office report dated 18.08.2022 shows that the report of verification of the compromise is still awaited. In view thereof, list this case on 05.09.2022. Office is directed to submit a fresh report on the next date in respect of verification report, if any, forwarded by the court below pursuant to the order dated 04.03.2022." A482 No. 11197 of 2019 2
4. There is an office report dated 03.09.2022, which reads as under:-
"In compliance of Hon'ble Court order dated 18.08.2022, a report of A.C.J.M, Meerut at Flag 'A'. Put up for order."
5. There is a report of Addl. Chief Judicial Magistrate, Meerut dated 23.08.2022 that the parties have entered into compromise and the same have been verified. Learned counsel for the applicant submits that once the verification has been done, then nothing further survives to be further adjudicated. 6. Learned A.G.A. as well as learned counsel for O.P. No.2 have no objection to the same. 7. Considering the submissions of the rival parties as well as stand taken by them, in view of the judgment in case of Gian Singh Vs. State of Punjab, (2012) 10 SCC 303 and State of Madhya Pradesh Vs. Laxmi Narayan, 2019 (5) SCC 688 this Court does not find any justification to further proceed. 8. Accordingly, the application is allowed. 9. The Charge Sheet dated 07.05.2018, under Sections 323, 328, 342, 504, 506 IPC against the applicant nos.
1 to 6 and under Section 376 IPC against the applicant no.7 and cognizance order dated 01.06.2018 passed by the Special Chief Judicial Magistrate, Meerut as well as entire proceedings of Case No.16174 of 2018 (State vs. Samir and others), arising out of Case Crime no.466 of 2017, under Sections 323, 328, 342, 504, 506, 376 IPC, P.S. - Partapur, District- Meerut, pending in the Court of Additional Chief Judicial Magistrate, 5th, Meerut, so far as it relate to the applicants stand quashed. September 17, 2025 N.S.Rathour A482 No. 11197 of 2019 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad