SATYA PRIYA GAUTAM @ ANSHU AND ANR v. STATE OF U.P. AND ANR
A482/18708/2019 · 2025-08-06
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25414 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25414 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:134049 Court No. - 75 Case :- APPLICATION U/S 482 No. - 18708 of 2019 Applicant :- Satya Priya Gautam @ Anshu And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ray Sahab Yadav,Subodh Kumar,Surendra Kumar Yadav,Suresh Dhar Dwivedi Counsel for Opposite Party :- Amar Chandra,G.A.,Sunil Kumar Hon'ble Vikas Budhwar,J.
1. Heard learned counsel for the parties.
2. This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Criminal Case No. 2635 of 2018, arising out of Case Crime No. 415 of 2018, under Sections 323, 504, 506 I.P.C., P.S.- Tilhar, District- Shahjahanpur, pending before the Civil Judge (J.D.), Tilhar, Shahjahanpur with regard to applicants namely Satya Priya Gautam@Anshu and Dev Priya Gautam@Dev.
3. This Court on 09.05.2019 proceeded to pass the following orders:
"Heard applicants' counsel as well as learned AGA for the State and perused the record. Submission of the counsel for the applicants is that the sister of the applicants was married with the opposite party no. 2 and because of cruelty inflicted upon her an F.I.R. under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act had to be lodged against the opposite party no. 2 and other family members. Reliance in this regard has been placed upon annexure no. 1 to the application. Further submission is that in order to exert coercive pressure, as an arm twisting device, this entire frivolous case has been filed against the applicants so that the applicants may not pursue the matter against the opposite party in right earnest. Submission is that malafides behind the prosecution are apparent on the face of record and if the proceedings against the applicants are allowed to go on, it will result in the abuse of court's process.
Contentions raised at the bar require detailed hearing on law and facts both. Notice on behalf of opposite party No.1 has been accepted by learned AGA. Issue notice to the opposite party no.2 returnable within four weeks. Opposite party no.2 may file counter affidavit within three weeks after the service. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter. List this matter immediately after expiry of the aforesaid period before the appropriate bench. Till the next date of listing, further proceedings of Criminal Case No. 2635 of 2018, arising out of Case Crime No. 415 of 2018, u/ss.323, 504, 506 I.P.C., P.S.- Tilhar, District- Shahjahanpur, pending before the Civil Judge (J.D.), Tilhar, Shahjahanpur with regard to applicants namely Satya Priya Gautam@Anshu and Dev Priya Gautam@Dev, shall remain stayed."
3. Learned counsel for the applicants has invited attention of the court towards the Criminal Misc. Compromise Application No. 13 of 2024 as well as supplementary affidavit bearing no. 14 of 2024 so as to contend that during the pendency of the proceedings, the parties have themselves compromised out of the Court on 15.07.2024 (Annexure-1 at page 6) and onwards reference whereof has been made in paragraph no. 2 of the supplementary affidavit and an application has also preferred dated 21.08.2024 (Annexure- A1 at page 9) of the compromise application. He submits that the compromise application has been filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 4. Learned AGA on the other hand submits that he has no objection to the same. 5. 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 (J.D.), Tilhar, Shahjahanpur while filing the original copy of the compromise application and a self-attested copy of the present application, supplementary affidavit and certified copy of the order
passed today by 25.08.2025. 6. 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. 7.
Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Criminal Case No. 2635 of 2018, arising out of Case Crime No. 415 of 2018, under Sections 323, 504, 506 I.P.C., P.S.- Tilhar, District- Shahjahanpur, pending before the Civil Judge (J.D.), Tilhar, Shahjahanpur with regard to applicants namely Satya Priya Gautam@Anshu and Dev Priya Gautam@Dev. 8. 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. 9. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application.
Order Date :- 7.8.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad