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2025 DAILYLAW 7620 (ALL)

MOHD. AQEEL AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/1123/2025 · 2025-02-10

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19309 Court No. - 52 Case :- APPLICATION U/S 482 No. - 1123 of 2025 Applicant :- Mohd. Aqeel And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Singh,G.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Short counter affidavit alongwith Vakalatnama of Mr. Diwas Verma, Advocate has been filed on behalf of the opposite party no.2 today in the Court, which is taken on record. Office is directed to register the same. Heard Mr. G.S. Chauhan, learned counsel for the applicants, Mr. Diwas Verma, learned counsel for opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.5301 of 2024 (State Vs. Mohd. Aqeel and others), arising out of Case Crime No.118 of 2022, under Sections 498a, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station Babupurwa, District Southern (Commissionerate Kanpur Nagar), pending in the court of Judicial Magistrate-09, Kanpur Nagar, on the basis of compromise deed dated 23.07.2024.. Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them. In this regard, an application alongwith compromise deed on behalf of both the parties has been filed before the court below stating therein that they have entered into compromise and they do not want to press the case, copy of said application has been annexed as Annexure no.4 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Learned counsel for the opposite party no.2 and learned AGA, however, submit that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of the above, both the parties are directed to appear before the court below along with an application for verification of the compromise deed as well as a certified copy of this order. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of. Order Date :- 10.2.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad