Neutral Citation No. - 2025:AHC:142726 Court No. - 72 Case :- APPLICATION U/S 482 No. - 1726 of 2020 Applicant :- Deen Mohammad And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.,Shiv Vilas Mishra Hon'ble Deepak Verma,J. 1. List revised. None appeared on behalf of opposite party no. 2. 2. Heard learned counsel for the applicants and learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of summoning order dated 29.10.2018 passed in Case No. 760 of 2018 (State Vs. Deen Mohammad and Others) arising out of Case Crime No. 163 of 2018, under Sections-498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act pending before the Judicial Magistrate Garh, Muketeshwar, District Hapur. 4. Vide order dated 14.01.2020 the Co-ordinate Bench of this Court has passed the following order:- "Counter affidavit and Vakalatnama filed by Sri Shiv Vilas Mishra, learned Advocate on behalf of opposite party no. 2 is taken on record. Heard learned counsel for applicants, learned counsel for the opposite party no. 2 and the learned A.G.A. This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of case no. 760 of 2018 (State Vs. Deen Mohammad) arising out of crime no. 163 of 2018, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Garh, Mukteshwar, District- Hapur pending in the court of Judicial Magistrate, Garh Mukteshwar, district Hapur in terms of the compromise. It is submitted that on account of intervention of their well-wishers, a compromise has been arrived at between the parties. The said compromise will be filed before the court concerned. It is further contended that proceedings of the aforesaid case can be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303. Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it. Put up this matter as fresh on 04.03.2020 before the appropriate Bench. Learned counsel for the parties undertake to ensure their presence before the court below or any other transferee court, as the case may be, on 12.02.2020 and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court. Office is directed to send through FAX a copy of this order to the court concerned within three days. Parties are also directed to produce certified copy of this order before the court concerned on the date fixed before it. Till the next date of listing no coercive steps would be taken against the applicants." 5. Pursuant to the said order dated 14.01.2020, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, order has been passed by the court verifying the said compromise and sent the compromise verification report dated 25.08.2020. A copy of the same is also available on record. 6. Learned counsel for the applicants submitted that it is a dispute between the husband and wife and both the parties have amicably settled and resolved their dispute and they are living together peacefully and passing a happy married life. He further submitted that applicants and opposite party no. 2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no. 2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 7. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 8. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non- compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 10. Accordingly, the summoning order dated 29.10.2018 passed in Case No. 760 of 2018 (State Vs. Deen Mohammad and Others) arising out of Case Crime No. 163 of 2018, under Sections-498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act pending before the Judicial Magistrate Garh, Muketeshwar, District Hapur, is hereby quashed. 11. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 20.8.2025 Vibha Singh Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad