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2025 DAILYLAW 24171 (ALL)

UDAY RAM SHARMA AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7109/2025 · 2025-03-04

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31776 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 7109 of 2025 Applicant :- Uday Ram Sharma And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Mishra,Shireesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Ms. Jaya Agrahari, Advocate appearing on behalf of Mr. Ashutosh Kumar Mishra, learned counsel for the applicants as well as Mr. Amit Singh Chauhan, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 20.04.2022 along with Cognizance order dated 15.06.2022 and the entire proceeding of Case No.1194 of 2022, arising out of Case Crime No.305 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act against the applicant nos.1 to 4 and under Sections 498-A, 323, 504, 506, 354 I.P.C. and Section 3/4 D.P. Act against the applicant no.5 and under Sections 323, 504, 506 I.P.C. against the applicant no.6, Police Station- Gonda, District- Aligarh (State vs. Udayram Sharma and Others), pending in the court of Judicial Magistrate, Iglas, Aligarh, on the basis of compromise dated 04.12.2024. 3. Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them after which they have decided to live separately. In this regard, an application along with compromise deed on behalf of both the parties has been filed before the court below stating therein that they have entered into compromise and they do not want to press the case, copy of said application has been annexed as Annexure no.5 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. 4. Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. 5. In view of the above, both the parties are directed to appear before the court below for verification of the compromise deed as well as a certified copy of this order. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? 6. The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings. 7. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 8. With the aforesaid directions, this application is finally disposed of. Order Date :- 5.3.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad