Neutral Citation No. - 2025:AHC:35881 Court No. - 74 Case :- APPLICATION U/S 482 No. - 15677 of 2021 Applicant :- Surendra Babu @ Surendra Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Yadav Counsel for Opposite Party :- G.A.,Vipin Kumar Hon'ble Vikas Budhwar,J. 1. Heard Sri Suneel Kumar Yadav, learned counsel for the applicants, Sri S.K. Singh, learned AGA for the State and Sri Vipin Kumar, leaned counsel for opposite party no.2. 2. This court on 20.12.2021 proceeded to pass the following order: "Heard learned counsel for the applicants and learned A.G.A. for the State. The present application has been filed with the prayer to quash the proceeding of the Case No.6034 of 2021, impugned charge sheet dated 01.08.2019 as well as cognizance order dated 01.07.2021 passed by Additional Chief Judicial Magistrate, Court No.17, Etah in Case No.6034 of 2021, arising out of Case Crime No.110 of 2019, under Sections 498-A, 504 I.P.C., Police Station Bagwala, District Etah (State vs. Surendra Babu and Others), along with the further prayer to stay the proceedings of aforesaid Case No.6034 of 2021, impugned charge sheet dated 01.08.2019 as well as cognizance order dated 01.07.2021, during pendency of the present application. Learned counsel for the applicants has submitted that marriage of the applicant No.1 was solemnized with the opposite party No.2 on 29.11.2008 and due to some matrimonial dispute, opposite party No.2 moved an application under Section 156(3) Cr.P.C. and requested for lodging of F.I.R. and the order was passed for lodging the F.I.R. Thereafter, F.I.R. as Case Crime No.180 of 2013, under Sections 498-A, 323, 506 I.P.C. and Sections 3/4 D.P. Act, P.S. Bagwala, District Etah was lodged on 09.11.2013 and all the family members were dragged in the prosecution merely on the basis of concocted facts. He further submitted that charge sheet was filed by the Investigating Officer against the applicant No.1, who was the husband of the opposite party No.2, and the trial was going on. At the same time, on the basis of concocted facts, F.I.R. No.110 of 2019, under Sections 498-A, 323, 354, 504, 506 I.P.C., P.S. Bagwala, District Eta was lodged by the opposite party No.2 on 05.06.2019 with the identical allegations that on 21.05.2019, applicant No.1, who was having illicit relations with her sister-in-law (Jethani), and when she raised objection then she was scolded by them, and they also tried to outrage her modesty. Learned counsel for the applicants has further submitted that during the course of investigation, Investigating Officer has failed to consider this fact that earlier, one F.I.R. was lodged by the prosecutrix for victimization in relation to demand of dowry and she has also not disclosed that when the opposite party No.2 started living with her in-laws, as impugned proceeding is sheer abuse of legal process. Therefore, the matter requires consideration. Learned A.G.A. has opposed the prayer of the applicants and submitted that after detailed investigation, charge sheet was filed and there is no illegality in the impugned charge sheet as well as summoning order. Considering the arguments of learned counsel for the applicants as well as learned A.G.A. and going through the records, it is evident that in the year of 2013, one F.I.R. was lodged by the opposite party No.2, but she has not disclosed that since when she started living with the applicant. Therefore, the matter requires consideration. Issue notice to the opposite party No.2. Steps be taken within two weeks. List this case in the month of February, 2022. Till the next date of listing, impugned proceedings shall remain stayed. " 3. On supplementary affidavit dated 08.01.2025 in which Annexure S.A.-I happens to be a compromise executed between the parties on 22.05.2024 which has been filed before the court of Addl. Civil Judge, FTC, Etah reference whereof has been made in paragraph no.2 of the supplementary affidavit. Learned counsel for the applicants submitted that till verification process is done, an interim protection be accorded. 4. Learned AGA as well as learned counsel appearing for opposite party no.2 does not dispute of the same as the parties have entered into a compromise. 5. Considering the submissions made across the bar, the application stands disposed of by directing the applicant to submit self attested copy of the application and a certified copy of the order before the court below by 04.04.2025 and on the said motion the court below shall verify the compromise by 23.05.2025. 6. Till the compromise process is concluded no coercive shall be taken against the applicants in case no. 6034 of 2021, impugned charge sheet dated 01.08.2019 as well as cognizance order dated 01.07.2021 passed by Addl. Chief Judicial Magistrate court no.17, Etah arising out of case crime no. 110 of 2019, under Sections 498A, 504 IPC, P.S. Bagwala, District Etah pending in the court of Addl. Chief Judicial Magistrate, court no.17, Etah. 7. The interim protection so accorded to the applicants shall remain applicable only in those contingencies where in the applicants sticks to the time line and does not violate any of the conditions mentioned therein and in default, the interim protection stands vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 11.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad