DEVENDRA SINGH AND 4 ORS v. STATE OF U.P. AND ANOTHER
A482/47464/2019 · 2025-04-16
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60796 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60796 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:57591 Court No. - 73 Case :- APPLICATION U/S 482 No. - 47464 of 2019 Applicant :- Devendra Singh And 4 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahnawaz Akhtar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Shahnawaz Akhtar, learned counsel for the applicant and Mr. Afzal Faruqee learned counsel for opposite party no.2 as well as Sri S.K. Singh, learned AGA for the State.
3. This Court on 20.12.2019 passed the following order:
"Heard learned counsel for the applicants and learned A.G.A.
Learned counsel for the applicants submits that charge sheet was submitted in the present matter against co accused for the offence under Sections 376 and 377 IPC. It is also submitted that charge sheet in the present matter was submitted against the applicants only for the offence under Sections 498-A, 323, 506 IPC and 3/4 D.P.Act. An opportunity be granted to the parties for reconciliation / settlement of their dispute by way of mediation. Applicants are also willing to settle the matter through mediation.
I agree with the submission advanced by the learned counsel for the applicants. The matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 20,000/- by way of demand draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of thirty days from today. After deposit of the aforesaid money, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court. The aforesaid amount shall be payable to the opposite party no.2 on his/her appearance before the Mediation and Conciliation Centre. The Mediation Centre will submit its report in the matter by the next date fixed in the matter. List this case on 28.4.2020 before the appropriate Bench alongwith the report of Mediation Centre. Till the next date of listing, further proceedings against the applicants in case no.2807 of 2019, arising out of case crime no.172 of 2019, under Sections 498-A, 323, 506, 376, 377 IPC and 3/4 Dowry Prohibition Act, P.S. Subhas
Nagar, District Bareilly, pending in the Court of Additional Chief Judicial Magistrate, Court No.7, Bareilly, shall remain stayed. If the amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end and the office shall immediately list this case for further orders before the Court. It is made clear that trial against the co-accused Pankaj shall continue as this
order will not be applicable to him. "
4. Thereafter on 12.01.2024, this Court proceeded to pass the following order:
"1. Heard Learned counsel for the applicant and Ms Rukhsana, Advocate for opposite party no. 2 and perused the record.
2. Learned counsel for the applicant submitted that the matter has been settled between the parties out side the court, which has not been disputed by the learned counsel for the opposite party no. 2.
3. In the meantime, applicants as well as opposite party no. 2 are directed to appear before the court below along with compromise within two weeks and the court below is directed to verify the compromise in case the same is filed before it and submit report about verification of compromise to this Court by the next date of listing.
4. List this case on 30.1.2024 showing the name of Ms Rukhsan, as counsel for the opposite party no. 2. Interim order, if any, granted earlier shall hold good till then. "
5. There is office report dated 17.04.2025 which showing the fact that compromise has been entered into between the parties and the same stands verified on 31.01.2024.
6. Learned counsel for the applicants submits that the proceedings be quashed.
7. 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.
8. Since the charge sheet against the applicants are under Section 498A, 323, 506 IPC read with Section 3/4 of D.P. Act which can be compounded in exercise of inherent jurisdiction under Section 482 of Cr.P.C. and the parties have themselves compromise thus, looking into overall facts and situation, this Court finds the present case to be a fit case for quashing of the proceedings. Accordingly, the application is allowed. The cognizance/ summoning order dated 05.03.2019 passed by Additional Chief Judicial Magistrate, court no.7 Bareilly in case no. 280 of 2019 (State vs. Devendra) and charge sheet dated 01.09.2019 under Section 498A, 323, 506 IPC read with section 3/4 D.P. Act is hereby quashed. The passing of the order today is
not confer any benefit to the co-accused Pankaj.
9. With the observations made above, the present application is disposed of.
Order Date :- 17.4.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad