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2025 DAILYLAW 17880 (ALL)

VIJAY NEGI AND 3 OTHER v. STATE OF U.P. AND ANOTHER

A482/9365/2021 · 2025-02-19

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25318 Court No. - 74 Case :- APPLICATION U/S 482 No. - 9365 of 2021 Applicant :- Vijay Negi And 3 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.Q. Zaidi,Manoj Kumar Singh,Ravi Prakash Pandey Counsel for Opposite Party :- G.A.,Shambhavi Sengar Hon'ble Vikas Budhwar,J. 1. Heard Mr. Md. Danish (Advocate Roll- A/M 0273/21), Advocate holding brief of Mr. A.Q. Zaidi, learned counsel for the applicants, Mr. S.K. Singh, learned AGA for the State and Ms. Shambhavi Sengar, learned counsel for opposite party No.2. 2. This Court on 07.11.2024 proceeded to pass the following order: "1. Heard learned counsel for the applicants and learned counsel for the opposite party no.2 as well as learned A.G.A. for the State. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the Charge Sheet dated 04.02.2018 as well as entire proceeding of Criminal Case No. 601/2018 (State Vs. Vijay Negi and Others) arising out of Case Crime No. 376 of 2017, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate, Ghaziabad, U.P. 3. It is submitted that instant matter is arising out of matrimonial discord and during pendency of the criminal proceeding, both the parties have settled their dispute amicably out of the Court and inked compromise dated 19.10.2020. A copy of the said compromise has been filed at Annexure no.3 to the affidavit filed in support of the instant application. It is next submitted that both the parties have entered into compromise out of their own volition without any duress and coercion. It is further submitted that in changed scenario both the parties have buried the hatchet and have no grudges against each other. Therefore, to observe peace and tranquility in the family life of the parties, instant application may be decided finally on the basis of the compromise and criminal proceedings against the applicants may be quashed. 4. Learned counsel for the opposite party No. 2 has nodded the submission advanced by learned counsel for the applicants and admitted the factum of the compromise entered into between the parties and he has no objection, in case matter is referred before the court below for verification of compromise. It is further contended that all the terms and conditions of the compromise have already been fulfilled and in changed circumstances opposite party no. 2 is no longer inclined to prosecute the criminal proceeding against the applicants as no dispute remains between the parties, therefore, instant application may be allowed and criminal proceedings may be quashed on the basis of compromise. 5. Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise. 6. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 20.11.2024/21.11.2024 to get their compromise verify. After receiving said compromise, learned court concerned shall verify the same in presence of both the parties after recording their statements and submit its verification report before this Court within a period of one month from the date of appearance of the parties. 7. List this matter on 15.01.2025 along with verification report submitted by the court concerned, if any. 8. Till the next date of listing, further proceeding in aforesaid criminal case shall remain stayed against the present applicants. " 3. There happens to be a report of Civil Judge, Junior Division/F.T.C., Court No.1, Ghaziabad dated 19.12.2024 showing the fact that on 19.10.2020, the parties have compromised and the same stands verified also on 17.12.2024. 4. Learned counsel for the applicants submits that the proceedings be quashed. 5. In view of the above, learned AGA for the State as well as counsel for the opposite party do not dispute the said fact and submits that they have no objection to the same. 6. Considering the submission of the parties and stand taken by them, the application stands disposed of. 7. The Charge-Sheet dated 04.02.2018 as well as entire proceeding of Criminal Case No. 601/2018 (State Vs. Vijay Negi and Others) arising out of Case Crime No. 376 of 2017, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate, Ghaziabad, U.P. are hereby quashed. Order Date :- 20.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad