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2025 DAILYLAW 36064 (ALL)

KARAN AGARWAL v. STATE OF U.P. AND ANOTHER

A482/25168/2023 · 2025-02-13

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20996 Court No. - 74 Case :- APPLICATION U/S 482 No. - 25168 of 2023 Applicant :- Karan Agarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- G.A.,Harsh Narayan Singh,Prashant Kumar Singh Hon'ble Vikas Budhwar,J. 1. Heard Shri Amit Saxena, learned counsel for the applicant, Shri Moti Lal, learned A.G.A. appearing on behalf of the State- respondents and Shri Harsh Narayan Singh, learned counsel for opposite party No.2. 2. This Court, while entertaining the application on 17.07.2023, proceeded to pass the following orders: "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 charge sheet No.144 of 2022 dated 7.11.2022, cognizance/summoning order dated 11.1.2023 as well as the entire proceedings of Case No. 4361 of 2022 (State of UP Vs. Karan Agarwal), arising out of Case Crime No. 143 of 2022, under Sections- 498-A, 323, 504, 506 IPC. Police Station- Rail Bazar, District- Kanpur Nagar , pending in the court of Chief Judicial Magistrate, Kanpur Nagar. 3. Learned counsel for the applicant submits that marriage of the applicant was solimnized with opposite party no. 2 in the year 2012 and out of this wedlock two children were born and there is chances that the parties may settle their dispute, if the matter is referred to the mediation center. 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 shall deposit a sum of Rs. 15000/-/- within two weeks from today with the Mediation Centre of which Rs.10000/- 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.5000/- 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.15000/- as above, till the next date of listing, further proceedings against the applicant 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. Pursuant to the aforesaid order, the matter was referred for mediation, but the mediation could not be successful. However, in the supplementary affidavit dated 30.07.2024 at page No. 8, compromise application has been annexed. In paragraph No. 5 of the supplementary affidavit, it has been stated that on 09.02.2024, an out of court compromise has been executed between the parties. While inviting attention to paragraph 19, it is contended that now proceedings under section 13-B have been set in motion while filing the divorce petition. 4. Learned counsel for the applicant submits that since the matter stands amicably settled, verification should be done and in the meantime, till the verification is done, interim protection be accorded. 5. 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, Kanpur Nagar, 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 proceedings of Case No. 4361 of 2022 (State of UP Vs. Karan Agarwal), arising out of Case Crime No. 143 of 2022, under Sections- 498-A, 323, 504, 506 IPC. Police Station- Rail Bazar, District-Kanpur Nagar , pending in the court of Chief Judicial Magistrate, Kanpur Nagar. 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