KAILASHI DEVI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/37180/2023 · 2025-03-03
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53013 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53013 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31407 Court No. - 74 Case :- APPLICATION U/S 482 No. - 37180 of 2023 Applicant :- Kailashi Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A.,Sonu Kumar Upadhyay Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Yashpal Yadav, learned counsel for the applicants, Mr. S.P. Singh, learned AGA for the State and Sri Sonu Kumar Upadhyay, learned counsel for opposite party No.2.
2. This Court on 18.03.2024 proceeded to pass the following order:
"Learned counsel for applicants has drawn the attention of the Court to the compromise dated 18.12.2021 (Annexure No.4) to contend that the parties have settled the matrimonial dispute and the couple is residing together.
Learned counsel for applicants prays for quashing of the charge sheet dated 25.8.2003 as well as cognizance order dated 10.10.2003 passed by Additional Chief Judicial Magistrate, Kasia Kushinagar in Criminal Case No. 588 of 2011, titled State Vs. Kailashi, arising out of Case Crime No. 354 of 2003, under Sections 498-A, 323, 504, 506 I.P.C., Police Station Hatta, District Kushinagar and the entire proceedings arising therefrom. At this stage, Mr. Sonu Kumar Upadhyay, learned counsel appears on behalf of opposite party no.2 and has filed short counter affidavit, who states that indeed the parties have settled the dispute. Accordingly, the private parties are directed to appear before the trial court/ Chief Judicial Magistrate, Kushinagar on or before 22.4.2024 for recording their statements with regard to compromise/settlement. Trial Court/Chief Judicial Magistrate, Kushinagar is directed to submit a report on or before the next date of hearing containing the following information:- (i) Number of persons arrayed as accused in F.I.R. (ii) If, any accused has been declared as proclaimed offender/ person. (iii) Whether the compromise is genuine, voluntary and without any coercion or undue influence ? (iv) Whether the accused persons are involved in any other case?
(v) The trial court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the F.I.R. A copy of the report be also sent through fax to the Registrar Judicial of this Court. List this case on 16.5.2024. "
3. There happens to be a report of the Civil Judge (J.D.)/ FTC, Kushi Nagar at Padrauna dated 23.04.2024 showing the fact that the parties have entered into a compromise on 18.12.2021 out of the court and the same stands verified.
4. Learned counsel for the applicants submits that nothing remains to be further adjudicated.
5. 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.
6. Considering the submission of the parties and stand taken by them, the application stands disposed of.
7. The proceeding of Criminal Case No. 588 of 2011 (State vs. Kailashi) arising out of case crime no. 354 of 2023, under Sections 498A, 323, 504, 506 IPC P.S. Kotwali Hatta, District Kushinagar pending in the court of ACJM, Kasya, Kushi Nagar are hereby quashed.
Order Date :- 4.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad