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2025 DAILYLAW 26219 (ALL)

HARISH KAUSHIK v. STATE OF U.P. AND ANOTHER

NA528/7308/2025 · 2025-03-04

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32414 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 7308 of 2025 Applicant :- Harish Kaushik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Rajesh Kumar Tiwari, learned counsel for the applicant and Mr. Deepak Kapoor, learned A.G.A. for the State. The present application has been filed to quash the charge sheet dated 02.01.2022 as well as order dated 25.05.2022 and the entire proceeding of Case No.61431 of 2022 (State Vs. Harish Kaushik), arising out of Case Crime No.0081 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District-Ghaziabad, on the basis of compromise, pending in the court of Civil Judge (J.D.)/F.T.C. (Crime Against Women), Ghaziabad. Learned counsel for the applicants submits that parties have amicably settled their dispute and have entered into compromise after which they have decided to live separately. In this regard, compromise deed on behalf of both the parties has been moved before the Court concerned mentioning therein that they have entered into compromise and they do not want to press the case, copy of said compromise has been annexed as Annexure no.4 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. Learned A.G.A. has no objection to the aforesaid. In view of the above, the parties are directed to appear before the court below along with copy of compromise deed and 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. 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. For a period of two months or till verification of compromise between the parties by the Court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of. Order Date :- 5.3.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad