KHEM SINGH @ KHEMKARAN v. STATE OF U.P. AND ANOTHER
A482/23842/2021 · 2025-03-04
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41823 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41823 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 74 Case :- APPLICATION U/S 482 No. - 23842 of 2021 Applicant :- Khem Singh @ Khemkaran Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girijesh Kumar Gupta,Shiv Shankar Pd Gupta Counsel for Opposite Party :- G.A.,Ratnesh Kumar Shukla,Shikhar Tandon Hon'ble Vikas Budhwar,J.
1. Heard Sri Girijesh Kumar, learned counsel for the applicant, Mr. B.S. Kushwaha, learned counsel for the State and Sri Lal Dev Chaurasia (AOR No. A/L0325/15) holding brief of Sri Ratnesh Kumar, learned counsel for opposite party No.2. 2. This Court on 02.03.2022 proceeded to pass the following order:
"1. Heard learned counsel for the applicant, Sri Shikhar Tandon, learned counsel for opposite party No.2 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 Criminal Case No. 11252 of 2016 (Smt. Shikha Vs. Khem Singh and others), under Sections- 498A, 323, 506, I.P.C. and 3/4 D.P. Act, Police Station- Kasganj, District- Kasganj, pending in the court of C.J.M., Kasganj. 3. Learned counsel for the applicant submits that the allegations made in the FIR clearly indicate that it is a marital dispute and that the applicant is willing to settle the matter by mediation. 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 appears, if the parties are 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.20,000/- 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.10,000/- 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.20,000/- 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. 10. When the matter is listed next, the name of Sri Shikhar Tandon shall be shown in the cause list as counsel for opposite party No.2."
3. However, the fees referable to the mediation was no paid by the applicants. Thereafter, a compromise stood entered into between the parties out of the Court and this Court passed the following
order on 07.05.2024:
"1. Heard Shri Girijesh Kumar Gupta, learned counsel for the applicant, Shri S.K. Chandraul, learned AGA assisted by Sri Yogendra Kumar Pandey, Brief Holder, for the State and perused the records.
2. The present application under Section 482 Cr.P.C. has been filed for quashing of the further proceedings of criminal case no. 11252 of 2016 (Smt. Shikha Vs. Khem Singh and others), under Sections 498A, 323, 506 IPC and 3/4 D.P. Act, P.S. Kasganj, District Kasganj, pending in the court of Chief Judicial Magistrate, Kasganj, on the basis of compromise.
3. It is submitted by learned counsel for the applicant that the parties have amicably settled their disputes outside the Court and the opposite party no.2 does not want to prosecute the applicants. The compromise has taken place on 11-10-2021 and the compromise-deed has been annexed as Annexure-6 to the affidavit filed in support of the application.
4. Learned counsel appearing for the opposite party no.2 does not dispute the aforesaid facts.
5. In view of above facts, the parties shall file an application along with the compromise-deed before the concerned Court below and appear before the Court concerned for verification of the compromise in the third week of May,
2024. On receiving the said application the Court below shall take steps for verification of the compromise and prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file.
6. List on 10-07-2024 along with report of verification of compromise.
7. Interim order, if any, to continue till then."
4. There happens to be a report dated 28.05.2024 of In-charge Civil Judge (J.M.)/ FTC, Kasganj mentioning that on 21.05.2024, the parties have compromised and the same stands verified.
5. Learned counsel for the applicants submits that there is no remains to be further adjudicated with.
6. In view of the above, learned AGA for the State as well as
learned counsel appearing for the opposite party do not dispute the said fact and submits that they have no objection to the same.
7. Considering the submission of the parties and stand taken by them, the application stands disposed of.
8. The proceeding of Criminal Case No. 11252 of 2016 (Smt. Shikha vs. Khem Singh and Ors) under Sections 498A, 323, 506, IPC & 3/4 D.P. Act, pending in the court of Chief Judicial Magistrate, Kasganj are hereby quashed.
Order Date :- 5.3.2025 C. MANI ( Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad