Neutral Citation No. - 2025:AHC:33040 Court No. - 74 Case :- APPLICATION U/S 482 No. - 38995 of 2023 Applicant :- Rajveer And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- Durgesh Kumar Pandey,G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri S.K.Tripathi, learned counsel for the applicants, Sri S.K. Singh, learned AGA for the State and Sri Durgesh Kumar Pandey, learned counsel for the opposite party No. 2. 2. This Court on 07.11.2023 proceeded to pass the following order: "1. Heard Sri Shailendra Kumar Tripathi, learned counsel for the applicants and Sri Pankaj Srivastava, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 12.12.2022 as well as impugned cognizance/summoning order in Case No. 2850 of 2023 (State vs. Rajveer and Others), arising out of Case Crime No. 258 of 2022 u/S 452, 504, 308 I.P.C., P.S.- Indergarh, District- Kannauj, pending in the court of learned Judicial Magistrate, Kannauj, on the basis of compromise between the parties. 3. Learned counsel for the applicants submits that the applicants and the opposite party no.2 are the family members. The opposite party no.2 is the wife of the brother of the applicant no.1 and the instant case was filed by the opposite party no.2 due to a dispute with regard to partition between the applicant no.1 and the husband of the opposite party no.2 under some misconception. Since, the parties are the family members, they have settled their dispute amicably outside the Court and to that effect the compromise, dated 14.08.2023, has been filed before the learned Judicial Magistrate, Kannauj, by both the parties alongwith the affidavit of the parties. However, since, the instant case involved the offences u/S 452, 504, 308 I.P.C. and the offence u/S 308 I.P.C., was not a compoundable offence, therefore, the learned Trial Court, vide order dated 16.08.2023, has refused to accept the said compromise for compounding the offenes. Learned counsel for the applicants further submits that since both the parties are the family and due to settlement of instant dispute there will be peace in the family and the society, due to the compromise between the parties. The prosecution of the applicants on the complaint will be a futile exercise and no fruitful purpose will be served. Therefore, he has prayed for quashing of the entire proceedings of the said compromise between the parties. 4. In view thereof, the applicants as well as the opposite party no.2 are directed to appear before the learned Magistrate within three weeks from today. On such appearance, the trial court is directed to verify the compromise dated 14.08.2023, after recording the satisfaction that the said compromise has been arrived at between the parties out of their free will and without any fear and coercion. After such verification, the trial court is directed to send a report of verifying the said compromise to this Court within two weeks thereafter. Learned counsel for the applicant is also directed to place on record the certified copy of the order verifying the compromise between the parties by way of supplementary affidavit, before the next date of listing. 5. Put up on 19.12.2023 in additional cause list. 6. Till the next date of listing, no coercive steps shall be taken against the applicants. 7. The matter shall not be treated as tied up or part heard to this Bench. " 3. There is a report dated 15.12.2023 of Additional Civil Judge (SD), Kannauj which showing the fact that compromise has been entered into between the parties and the same stands verified also. 4. Learned counsel for the applicants submits that the proceedings be quashed. 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 charge sheet dated 12.12.2022 as well as cognizance/ summoning order dated in case no. 2850 of 2023 (State vs. Rajveer and Ors) arising out of Case Crime No. 258 of 2022, under Sections 452, 504, 308 IPC, P.S. Indergarh, District Kannauj pending before the court of Judicial Magistrate, Kannauj are hereby quashed. Order Date :- 6.3.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad