Application to quash proceedings in Crl. Case No. 2023 of 2021 involving matrimonial dispute. Petitioners alleged amicable settlement. Court set two-month stay for trial court to verify compromise before final disposal.
Stayed proceedings for two months; parties to verify compromise with trial court.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 9359 of 2022
Applicant :- Firoj Khan And 15 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.,Ken Singh
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicants and learned counsel for respondent No.2 as also learned A.G.A., and perused the record.
The instant petition has been filed by the applicants with a prayer to quash the proceedings of Crl. Case No. 2023 of 2021 Sana versus Firoj Khan and others under sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Lohamandi, district Agra pending in the court of civil Judge, Junior Division/FTC, Agra and summoning order dated 24.12.2021.
Learned counsel for the petitioners submits that the dispute between the parties, being matrimonial in nature, has been amicably resolved outside the court by way of compromise which is on record. He further submits that in view of the compromise, the impugned proceedings are liable to be quashed.
Learned counsel for respondent No.2 concedes that the dispute has been amicably settled between the parties and he has no objection if the impugned proceedings are quashed on the basis of compromise after its verification from the competent court.
Learned A.G.A has also no objection in case the impugned proceedings are quashed on the basis of compromise, subject to its verification by the concerned court.
Accordingly, having due regard to the submissions made by the parties' counsel, perusal of the compromise as also considering the law laid down by Supreme Court in (2012)10 SCC 303 Gian Singh versus State of Punjab and another, the petition is disposed of with direction to the parties to appear before the trial court on 13.10.2022, which shall verify the compromise in presence of the parties within the next one week. The trial court shall provide a copy of the verification report to the parties. A
copy of compromise be placed on record of the trial court. It will be open to the applicants to approach this Court again for quashing of the proceedings.
For a period of two months, impugned proceedings shall remain in abeyance.
Order Date :- 21.9.2022 kkb.
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.21 16:12:55 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether criminal proceedings under sections 498-A IPC and 3/4 D.P. Act should be quashed in view of an extra-judicially reached compromise.
Whether the impugned criminal proceedings in matrimonial dispute are maintainable after compromise.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabExplained¶10
(2012)10 SCC 303 Gian Singh versus State of Punjab and another · Who else cites this
Firoj Khan
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
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