Neutral Citation No. - 2025:AHC:24539 Court No. - 74 Case :- APPLICATION U/S 482 No. - 24560 of 2023 Applicant :- Vishal Rai And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- Anil Kumar,G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sunil Kumar Singh, learned counsel for the applicants as well as Sri S.P. Singh, learned AGA for the State and Krishna Kumar Singh (AOR A/K 0305/12) holding brief of Sri Anil Kumar for opposite party No. 2. 2. This Court on 12.07.2023 proceeded to pass the following order.- "1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint and summoning order dated 24.08.2022 in Complaint Case No.198 of 2021, under Sections-498-A, 323, 504, 506 I.P.C. and Section 3/4 of DP Act, Police Station- Ghaziabad Nagar, District- Ghaziabad, pending in the court of Civil Judge, (JD)/FTC, Court No.1, Ghaziabad. 3. Learned counsel for the applicant submits that the dispute pertains to matrimonial. Applicant has also filed a suit under Section 9 of Hindu Marriage Act for restitution of conjugal rights. There is chances to settle the matter between the parties if the matter referred to Mediation Centre. 4. At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it further appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably. 5. It is directed that applicant No.1 (husband) shall deposit a sum of Rs.15,000/- within two weeks from today with the Mediation Centre of which Rs.10,000/- shall be paid to the opposite party no.2 for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses. 6. The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties. 7. It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench. 8. Subject to the applicant depositing the amount of Rs.15,000/- as above, till the next date of listing, further proceedings against the applicants in the aforesaid case shall be kept in abeyance. 9. After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated." 3. Thereafter, there is a report dated 28.10.2023 whereby the mediation failed. A supplementary affidavit is available on record dated 18.10.2024 according to which, the parties have entered into settlement out of the Court and the same stood submitted before the Court of Civil Judge, F.T.C. (J.D.-I), Ghaziabad, a copy whereof is already on record as Annexure-SA-1 starting from page 10 onwards reference whereof has been made in para 7 of the supplementary affidavit. It is further contended on the strength of the averments contained in para 8 that the said compromise application dated 18.09.2024 stood rejected by the court below a copy whereof is at page 20 Annexure-SA-2 of the supplementary affidavit since the 498A is not compoundable. Learned counsel for the applicants has also invited attention towards paragraph 9 so as to contend that as per the compromise the parties have withdrawn the proceedings under Section 12 of the D.V.. Act being Complaint Case No. 182 of 2021 on 04.06.2024 followed by withdrawal of the proceedings under Section 125 Cr.P.C. on 15.04.2024 in Case No. 681 of 2020. Learned counsel for the applicants submits that the parties have themselves compromised and direction be issued for verification and in the meantime 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 03.06.2025 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 22.05.2025. 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 Complaint and summoning order dated 24.08.2022 in Complaint Case No.198 of 2021, under Sections-498-A, 323, 504, 506 I.P.C. and Section 3/4 of DP Act, Police Station- Ghaziabad Nagar, District- Ghaziabad, pending in the court of Civil Judge, (JD)/FTC, Court No.1, Ghaziabad. 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. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 19.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad