PARVATI DEVI AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
A482/2693/2021 · 2025-02-26
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7947 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7947 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:27653 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2693 of 2021 (Leading application) Applicant :- Parvati Devi And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Muktesh Kumar Singh Counsel for Opposite Party :- G.A.,Sudhakar Shukla with Case :- APPLICATION U/S 482 No. - 2699 of 2021 (Connected application) Applicant :- Pankaj Sahani @ Pintu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Muktesh Kumar Singh Counsel for Opposite Party :- Sudhakar Shukla Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit has been filed by the applicants in the leading and connected application which is taken on record. 2. Heard Shri Ganesh Kumar Verma, advocate (A/G 0013/2012) holding brief of Shri Ramapati Tripathi, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the State-opposite party as well as Shri Sudhakar Shukla, learned counsel for the opposite party no. 2. 2. This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Case No. 16831 of 2020 (State Vs. Subhash Sahani and others), arising out of case crime no. 648 of 2019, under Sections 498-A IPC Police Station- Naubasta, District Kanpur Nagar, pending before the court of learned Additional Chief Judicial Magistrate-3, Kanpur Nagar. 3. The applicants in the leading application is the mother-in-law, sister-in-law, Nandoi and father of Nandoi as where as the applicant in the connected application is the husband of the opposite party no. 2, an FIR stood lodged being FIR No. 648 of 2019 under Sections 498-A, 323, 506 and 494 of the IPC against the applicants in the leading as well as connected application. However, a chargesheet stood submitted against the applicants in the leading application under Section 498-A, whereas with respect to the connected application preferred by the husband of the opposite party no. 2 under Sections 498-A, 323, 506, 494 of IPC. 4. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 20.08.2024 (Annexure-2 at page 9 of the supplementary affidavit in leading application and Annexure-2 at page 10 in connected application) and onwards reference whereof has been made in paragraph no. 4 of the application.
He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 5. Learned AGA on the other hand submits that he has no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants who are six in number in the leading application and one in the connected application to approach the Court of learned Additional Chief Judicial Magistrate-3, Kanpur Nagar while filing the compromise application and a self-attested copy of the present application and certified copy of the order in the week commencing 10.03.2025. 7. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification by 23.05.2025. 8. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 16831 of 2020 (State Vs. Subhash Sahani and others), arising out of case crime no. 648 of 2019, under Sections 498-A IPC Police Station- Naubasta, District Kanpur Nagar, pending before the court of learned Additional Chief Judicial Magistrate-3, Kanpur Nagar. 9. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench. 10. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 27.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad