HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.138) Neutral Citation No. - 2025:AHC:134206 Court No. - 78 Case :- APPLICATION U/S 482 No. - 19954 of 2017 Applicant :- Nitin Dewan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avdhesh Kumar Yadav,Manish Kumar Tripathi,Sundeep Shukla Counsel for Opposite Party :- G.A.,Mohit Kumar Singh Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Sundeep Shukla, learned counsel for the applicant, Ms. Sujata choudhary holding brief of Shri Mohit Kumar Singh, learned counsel for the opposite party no. 2, who is reported to be dead, and Shri Rajesh Kumar Gupta, learned A.G.A. for the State. 2. The instant application under section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Complaint Case No. 7164 of 2016 under sections 452, 323, 504, 506 IPC police station T.P. Nagar District Meerut pending in the court of Addl. Chief Judicial Magistrate Court No. 8 Meerut. 3. Vide order dated 5.7.2017 the instant application was entertained and the proceedings before the trial court were stayed. Initially in the instant case an FIR was lodged by the opposite party no. 2. After investigation the police has submitted final report in the case. On protest petitioned filed by the opposite party no. 2, the same was treated as a complaint case. Thereupon the applicants herein were summoned vide summoning order dated 23.1.2017 for the offences under sections 452, 323, 504, 506 IPC. During the pendency of the instant application before this court the opposite party no. 2 has died. Since it was a matrimonial dispute between the sister of applicants no. 1 and 2 and the son of the opposite party no. 2, they have settled their matrimonial dispute amicably and it is in this process that the proceedings initiated on behalf of the sister of the applicants no. 1 and 2 have already been quashed in two cases and the divorce has also been granted on an application moved under section 13-B of the Hindu Marriage Act by the sister of the applicants no. 1 and 2 and the son of opposite party no. 2. 4. Since the opposite party no. 2 has died this court vide order dated 6.11.2024 permitted the applicants to settle the dispute with the remaining persons with whom the alleged scuffle took place. The order dated 6.11.2024 reads as under: "1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicants and learned A.G.A. for the opposite party no. 1-State and Mrs. Sujata Chaudhary, Advocate has put in appearance on behalf of opposite party no. 2 on the basis of instructions stating that the said opposite party has already passed away during the course of proceedings. 3. Learned counsel for the applicants submits that the present proceedings arise out of matrimonial dispute between the son of opposite party no. 2 and his estranged wife Neha Sehgal Alias Neha Dewan who is the sister of applicant nos. 1 and 2 while the applicant no. 3 is her matrimonial uncle. 4. It is submitted that the couple have subsequently amicably settled their dispute and their application under Section 13-B of the Hindu Marriage Act has also been allowed in terms of the compromise. 5. It is therefore submitted that the present proceedings which arise out of such matrimonial dispute are also required to be extinguished on that ground. However, it appears that from the perusal of the F.I.R. that the cause of action indicated therein appears to be separate from the matrimonial dispute. The F.I.R. clearly alleges complicity of the applicants in an altercation between the opposite party no. 2, his elder son Manish Sehgal as well as his wife Smt. Vimla Sehgal. 6. Since it has been stated that the opposite party no. 2 has passed away and the remaining parties wish to settle their dispute, an opportunity is granted to the other alleged victim indicated in the first information report apart from the opposite party no. 2 to submit supplementary affidavit indicating the terms and conditions of the compromise which shall also be brought on record for the purposes of its verification. 7. As prayed, list this case on 11.12.2024. 8. Interim order, granted earlier, shall continue till the next date of listing." 5. Pursuant to the aforesaid order the applicants have settled their dispute with the elder son of the opposite party no. 2 as well as the wife of the opposite party no. 2 and a compromise has been executed and placed on record through third supplementary affidavit as Annexure SA-2. Vide order dated 22.5.2025 this court has directed the parties to appear before the trial court for verification of the said compromise. The order order dated 22.5.2025 reads as under: "1. Heard Sri Sundeep Shukla, learned counsel for the applicants, Sri Neelkant Upadhyay, learned A.G.A. for the State-O.P. no.1, Sri Mohit Kumar Singh, learned counsel for opposite party no.2 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 7164 of 2016, under Sections 452, 323, 504, 506 IPC, police station T.P. Nagar, District Meerut. 3. It is submitted by learned counsel for the applicants that the parties have amicably settled their dispute outside the Court and the opposite party no.2 does not want to prosecute the applicants. The compromise has taken place between them on 08.09.2019 and the compromise deed has been annexed as Annexure-S.A.-1 to the supplementary affidavit. 4. Learned A.G.A. and learned counsel appearing for the opposite party no.2 do not dispute the aforesaid facts. 5. In view of above facts, the parties shall file an application along with the compromise deed and appear before the Court concerned for verification of the compromise on First Week of July, 2025. On receiving the said application, the Court below shall take steps for verification of the compromise and shall prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file. 6. Put up this matter fresh on 07.08.2025 along with report of Court below. 7. Meanwhile, no coercive action shall be taken against the applicants, in the aforesaid case, till the next date of listing." As per the report received from the trial court concerned the compromise has been verified vide order dated 19.7.2025. On the basis of verified compromise learned counsel for the applicants seeks quashing of the entire proceedings of the aforesaid case. 6. In view of the aforesaid facts and circumstances of the case, the instant application is disposed of with a direction to the applicants to approach the trial court concerned by moving an application under section 256 Cr.P.C. within a period of three weeks from today. On such application being moved by the applicant, the same shall be decided in accordance with law by the trial court concerned. 7. If such an application is moved by the applicants before the trial court concerned within the stipulated period, as aforesaid, no coercive steps shall be taken against the applicants till the disposal of the application so moved by the applicants under section 256 Cr.P.C. by the trial court. Order Date :- 7.8.2025 o.k. (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad