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2025 DAILYLAW 46194 (ALL)

MOHIT KUMAR AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

A482/26081/2021 · 2025-02-07

Vikas Budhwar

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Judgment text

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Neutral Citation No. - 2025:AHC:19246 Court No. - 74 Case :- APPLICATION U/S 482 No. - 26081 of 2021 Applicant :- Mohit Kumar And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amarnath Tiwari,Kartikeya Shukla,Mahesh Prasad Pandey,Narayan Singh(Kushwaha) Counsel for Opposite Party :- Anand Kumar Singh,G.A.,Sandeep Kumar Gupta Hon'ble Vikas Budhwar,J. 1. Heard Sri Narayan Singh Kushwaha, learned counsel for the applicants as well as Sri S.K. Singh, learned AGA for the State and Sri Umesh Singh (AOR A/U 0325/2018) holding brief of Sri Sandeep Kumar Gupta for the opposite party Nos. 2 and 3. 2. This Court on 19.11.2024 proceeded to pass the following orders.- "1. Heard learned counsel for the applicants as well as learned AGA appearing for the State and Shri Uday Narayan Singh, Advocate holding brief of Shri Sandeep Kumar Gupta, learned counsel appearing for opposite party nos.2 and 3. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 CrPC praying to quash the charge-sheet dated 24.07.2021 as well as summoning order dated 04.09.2021 passed by Judicial Magistrate, Etah and the entire proceedings of Criminal Case No.8028/2021 (State v. Mohit Kumar and 2 others) arising out of Case Crime No.20 of 2021, under Sections 498-A, 323, 354 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Etah, pending in the court of learned Judicial Magistrate, Etah. 3. It is submitted that during pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court. They moved an application dated 10.07.2024 along with the supporting affidavit before the court below to quash the criminal proceedings on the basis of compromise. It is further submitted that the instant matter is arising out of matrimonial dispute and the divorce petition under Section 13-B of Hindu Marriage Act has already been decided finally. It is further submitted that in changed scenario, no dispute remains between the parties and they have buried the hatchet and, at present, there is no grudge against each other, therefore, to observe peace and tranquility between them, instant criminal proceedings may be decided on the basis of the compromise. 4. Learned counsel for the opposite party nos.2 & 3 has nodded the submissions as raised by the learned counsel for the applicants and contended that in the changed circumstances, wherein parties have entered into compromise, opposite party nos.2 and 3 are no longer inclined to pursue the criminal proceedings against the accused (present applicants). Therefore, proceedings may be decided on the basis of the compromise. 5. Learned AGA has no objection in relegating the parties before the court below to get this compromise verified. 6. In this conspectus, as above, both the parties are hereby directed to appear before the court concerned on 05/06.12.2024 for verification of their compromise along with the original copy of the compromise application. After receiving the said compromise, learned court concerned shall verify the same in presence of both the parties after recording their statements and submit compromise verification report before this Court within a period of one month from the date of appearance of the parties. 7. List this matter on 06.02.2025 before appropriate Court along with the compromise verification report submitted/sent by the Trial Court, if any. 8. Until further order(s) of this Court, further proceedings arising out of Case Crime No.20 of 2021 shall remain stayed." 3. Pursuant thereto, there is a report of Incharge Civil Judge (J.D.)/F.T.C./C.A.W., Etah dated 18.12.2024 that the parties have themselves come up with the stand that the compromise stands verified, thus, this Court finds that there is no reason to proceed with the matter. 4. Accordingly, the application is allowed. 5. The proceedings of charge sheet dated 24.07.2021 and summoning order dated 04.09.2021 passed by Judicial Magistrate, Etah in Criminal Case No. 8028 of 2021 (State Vs. Mohit Kumar & 2 others) arising out of Crime No. 20 of 2021 under Section 498A, 323, 354 IPC and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Etah, pending in the Court of Judicial Magistrate, Etah be quashed. The compensation paid shall be returned. Order Date :- 7.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad