PANKAJ MISHRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/23898/2015 · 2025-09-14
Alok Mathur
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 43738 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43738 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 23898 of 2015 Court No. - 79 HON'BLE ALOK MATHUR, J.
1. Heard Sri A. N. Bajpai holding brief of Sri Mahendra Prasad Mishra, learned counsel for applicants, learned Additional Government Advocate for the State-respondent no.1, Sri Subedar Shukla for respondent No.2 and perused the record. 2. Present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings as well as order dated 4.8.2015 (NBW) in case No.1887 of 2014 (State Vs. Pankaj Mishra and others) arising out of case crime No.187/2013, under Sections 498A, 323, 504, 506 IPC and 3/4 of Dowry Prohibition Act, police station Khiri, District Allahabad. 3. Learned counsel for the parties jointly submitted that the matter arises out of matrimonial dispute between applicant no.1 (husband) and O.P. no.2(wife). They further submitted that applicant no.1 and O.P. no.2 settled their dispute out of the Court and they have entered into compromise and they are living separately and happily. They further submitted that a joint affidavit has already been filed on 20.07.2019 disclosing the entire facts, which is on record. Learned counsel for the parties submit that parties have amicably compromised their dispute, therefore, the aforesaid case may be decided in terms of the compromise between the parties. 4. On perusal of the joint affidavit, it transpires that the parties had compromise the matter out side the Court and O.P. no.2 does not want to pursue the matter. Since parties have amicably settled their dispute outside the Court and opposite party no.2 does not want to prosecute the Versus Counsel for Applicant(s) : Mahendra Prasad Mishra Counsel for Opposite Party(s) : Subedar Shukla Pankaj Mishra And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicant, no useful purpose would be served in keeping the present application pending. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such compromise has to be duly verified in presence of the parties concerned before the Court below. 6. Accordingly, this petition is disposed of with a direction to the Court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise.
If the aforesaid compromise is verified, a report to that effect shall be prepared by the Court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the parties to approach this Court again for quashing of the proceedings. 7. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 8. Original copy of compromise, if filed before this Court along with the present application, be returned to the learned counsel for applicants, as per Rules of Court. 9. With aforesaid directions, the application stands disposed of. September 15, 2025 RKM. A482 No. 23898 of 2015 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad