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2025 DAILYLAW 22853 (ALL)

HARI OM AND 7 ORS v. STATE OF UP AND ANOTHER

A482/16681/2019 · 2025-07-14

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114015 Court No. - 75 Case :- APPLICATION U/S 482 No. - 16681 of 2019 Applicant :- Hari Om And 7 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Pavan Kumar, learned counsel for the applicants and Sri S.P. Singh, learned State Law Officer for the State-respondent. 2. This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of complaint case no. 1363 of 2018 (Mamta Vs. Yashpal and others) under section 498- A,323,377,504,506 I.P.C. and section 3/4 of Dowry Prohibition Act pending in the court of Civil Judge(Senior Division)/Fast Track Court/ A.C.J.M. Bijnor as well as summoning order dated 13.9.2018 passed by the court of Civil Judge(Senior Division)/F.T.C./A.C.J.M. Bijnor in complaint case no.1363 of 2018(Mamta Vs. Yashpal Singh and others) by which applicant nos. 1 to 7 have been summoned to face judicial trial under punishable U/s. 498-A, 323, 504 & 506 I.P.C. and 3/4 Dowry Prohibition Act and the applicant no.8 has been summoned U/s. 498-A, 323, 377,504 & 506 I.P.C. and 3/4 D.P. Act. 3. The contention of the learned counsel for the applicants is that the applicants are Jeth, father-in-law, mother-in-law, Jethani, Nanad, Devar and husband. The marriage of the opposite party no. 2 stood solemnized with the applicant no. 8 on 20.10.2015. Learned counsel for the applicants submits that pursuant to the proceedings so sought to be lodged under Section 156 Cr.P.C., the applicant Nos. 1 to 6 came to be summoned under Sections 498-A, 323, 504 & 506 I.P.C. and 3/4 Dowry Prohibition Act and applicant no.8 has been summoned under Sections 498-A, 323, 377,504 & 506 I.P.C. and 3/4 D.P. Act. 4. Learned counsel for the applicants submits that during the pendency of the aforesaid proceedings, a case under Section 9 of the Hindu Marriage Act was also preferred by the applicant no. 8 against the opposite party no. 2 and while inviting attention of the Court towards the supplementary affidavit dated 11.07.2023, it is contended that the parties have themselves compromised out of the Court in case No. 675 of 2019 before the Court of A.C.J. (J.D.)/ F.T.C. II, Bijnor (Mamta v. Yashpal and others). Learned counsel for the applicants submits that the earlier the case No. 363 of 2018, a copy of the compromise which has been filed before the court below as at paqe 15/16/17 (Annexure-SA2) and onwards reference whereof has been made in paragraph no.4 of the supplementary affidavit. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 5. Learned AGA on the other hand submits that he has no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Civil Judge(Senior Division)/F.T.C./A.C.J.M. Bijnor while filing the original copy of compromise application, supplementary affidavit and a self- attested copy of the present application and certified copy of the order passed today by 28.07.2025. 7. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition. 8. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of complaint case no. 1363 of 2018 (Mamta Vs. Yashpal and others) under section 498-A,323,377,504,506 I.P.C. and section 3/4 of Dowry Prohibition Act pending in the court of Civil Judge(Senior Division)/Fast Track Court/ A.C.J.M. Bijnor as well as summoning order dated 13.9.2018 passed by the court of Civil Judge(Senior Division)/F.T.C./A.C.J.M. Bijnor in complaint case no.1363 of 2018(Mamta Vs. Yashpal Singh and others) by which applicant nos. 1 to 7 have been summoned to face judicial trial under punishable U/s. 498-A, 323, 504 & 506 I.P.C. and 3/4 Dowry Prohibition Act and the applicant no.8 has been summoned U/s. 498-A, 323, 377,504 & 506 I.P.C. and 3/4 D.P. Act. 9. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench. 10. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 15.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad