ARJUN AGRWAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/15317/2023 · 2025-02-10
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24013 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24013 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:20126 Court No. - 74 Case :- APPLICATION U/S 482 No. - 15317 of 2023 Applicant :- Arjun Agrwal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhushan Tiwari Counsel for Opposite Party :- G.A.,Pravina Kumar Pandey Hon'ble Vikas Budhwar,J.
1. Heard Sri Chandra Bhushan Tiwari, learned counsel for the applicants as well as learned AGA for the State and Sri Pravina Kumar Pandey for the opposite party No. 2.
2. On 08.05.2023 the following orders were passed.-
"This is an application under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the Charge Sheet dated 28.12.2021 as well as entire proceeding arising out of Case Crime no. 74 of 2021, State vs. Arjun and others, under Sections 498-A, 323, 504 of I.P.C. and Section 3?4 of the D.P. Act, Police Station Mahila Thana, District Aligarh, pending in the Court of the Judicial Magistrate, Court No.3, Aligarh. Without going into the merits of the applicants' case at this stage, since the matter is a matrimonial dispute between the first applicant and opposite party no.2, who are husband and wife, it is desirable that the parties be required to attempt a reconciliation of their differences with the assistance of Allahabad High Court Mediation and Conciliation Centre.
Learned Counsel for the applicants is in agreement with the aforesaid course of action. It is directed that applicant shall deposit a sum of Rs. 20,000/- within two weeks from today with the Mediation Centre of this Court, of which Rs. 8,000/- would be paid to the opposite party no. 2 for appearance before the Mediation Centre. Upon deposit aforesaid being made good, the Mediation Centre shall issue notice to both the parties, fixing an early date for appearance and further proceedings before the Centre. The Mediation Centre shall submit their report within two months from the date parties are required to first appear before the Centre. Thereafter the case shall be listed before the Court on 01.08.2023. Till the next date of listing, further proceedings arising out of Case Crime no. 74 of 2021, State vs. Arjun and others, under Sections 498-A, 323, 504 of
I.P.C. and Section 3?4 of the D.P. Act, Police Station Mahila Thana, District Aligarh, pending in the Court of the Judicial Magistrate, Court No.3, Aligarh, shall remain stayed. In case, the requisites are not deposited as directed, the interim order granted above shall automatically stand vacated."
3. Pursuant whereto the parties appeared before the Mediation, however, the mediation was not successful. By virtue of the short counter affidavit reference has been made to Annexures 1 and 2, paras 3 and 4 that the parties have out of Court entered into settlement. Learned counsel for the applicant submits that permission be accorded to submit the compromise so entered between the parties before the court below and during the verification, interim protection be accorded.
4. Learned AGA, on the other hand, submits that once as per the applicants, compromise application has already been preferred then the direction be issued for verification of the same.
5. Considering the said submission, the application stands
disposed of directing the applicants to appear before the court below on 28.02.2025 along with the self attested copy of the present application. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicant by 18.04.2025.
6. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of Charge Sheet dated 28.12.2021 as well as entire proceeding arising out of Case Crime no. 74 of 2021, State vs. Arjun and others, under Sections 498-A, 323, 504 of I.P.C. and Section 3/4 of the D.P. Act, Police Station Mahila Thana, District Aligarh, pending in the Court of the Judicial Magistrate, Court No.3, Aligarh. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.
Order Date :- 11.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad