GAURAV SEHGAL AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
A482/3597/2023 · 2025-03-19
Manju Rani Chauhan
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 8869 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8869 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:42087 Court No. - 52 Case :- APPLICATION U/S 482 No. - 3597 of 2023 Applicant :- Gaurav Sehgal And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.05.2022 and cognizance order dated 02.09.2022 as well as the entire proceedings of Case No.19306 of 2022 (State vs. Gaurav Sehgal and others), arising out of Case Crime No.552 of 2021, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S.-Sadar Bazar, District-Agra, pending in the court of Chief Judicial Magistrate, Agra on the basis of compromise.
3. Learned counsel for the applicants submits that initially on 23.02.2023, the matter was referred to Mediation Centre, but the mediation proceedings were dropped as the parties did not arrive at any settlement. However, during pendency of the aforesaid case, the parties have amicably settled their dispute and a compromise has been entered into between the parties and they are decided to live separately. In this regard, a compromise deed has been annexed as Annexure No.S.A.-1 of the supplementary affidavit in support of this application. The mutual divorce petition was also filed by the parties. Therefore, continuance of proceedings against the applicants would futile exercise and wastage of time of the Court and will be abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.
4. Learned AGA does not dispute the correctness of the
submissions made by the learned counsel for the applicants.
5. Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after
ensuring the presence of the parties before it.
6. In view of the above, both the parties are directed to appear before the court below along with copy of 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 one month 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?
7. The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings.
8. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
9. With the aforesaid directions, this application is finally disposed of.
Order Date :- 20.3.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad