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Neutral Citation No. - 2025:AHC:20991 Court No. - 74 Case :- APPLICATION U/S 482 No. - 24564 of 2023 Applicant :- Haneeph And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Pandey Counsel for Opposite Party :- G.A.,Rakesh Chandra Tiwari Hon'ble Vikas Budhwar,J.
1. Heard Shri Mritunjay Verma (A/M 2268/23), Advocate holding brief of Shri Manish Pandey, learned counsel for the applicants, who are four in number, Shri Moti Lal, learned A.G.A. appearing on behalf of the State-respondents and Shri Rakesh Chandra Tiwari, learned counsel for the opposite party No.2. 2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing proceedings of Case No. 3609 of 2023 (State Vs. Haneeph and others), arising out of Case Crime No. 398 of 2022, under Sections 498A, 323, 354, 354(B) IPC, Section 3/4 Dowry Prohibition Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, Police Station Pakbara, District Moradabad pending in the court of Chief Judicial Magistrate, Moradabad as well as chargesheet dated 02.03.2023 and cognizance dated 01.06.2023. 3. This Court, while entertaining the application on 02.08.2023, granted interim protection and referred the matter for mediation, but there is a mediation report dated 23.03.2024 containing the fact that the applicants had not complied with the directions. A supplementary affidavit has been filed by opposite party No. 2 dated 21.01.2025, at annexure 1, page No. 8 onwards the fact that
the parties have entered into compromise and the said compromise has been filed before the court below on 19.07.2024 has been noted. He submits that till the verification is done, interim protection be accorded. 4. Learned AGA as well as counsel appearing for the opposite party No.2 have no objections 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 Chief Judicial Magistrate, Moradabad while filing the compromise application and a self- attested copy of the present application as well as certified copy of this order by 28.02.2025. 6. On the receipt of the same, the court below shall furnish the compromise so filed by the parties and shall conclude the process for verification by 20.05.2025. 7.
Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 3609 of 2023 (State Vs. Haneeph and others), arising out of Case Crime No. 398 of 2022, under Sections 498A, 323, 354, 354(B) IPC, Section 3/4 Dowry Prohibition Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, Police Station Pakbara, District Moradabad pending in the court of Chief Judicial Magistrate, Moradabad. 8. The interim protection so accorded to the applicant shall be available subject to fulfillment of all the terms and conditions as contained in the order and also adhering to the guidelines. In the event of default of any of the conditions by the applicant 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 :- 13.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad