Mohd. Arif and Ors. Vs State of U.P. and Anr. — Dowry and Cruelty | Allahabad HC (2023)

Mohd. Arif and Ors. Vs State of U.P. and Anr. — Dowry and Cruelty | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Application disposed of with directions to the court below to verify the compromise after notice to all signatories requiring personal presence; no coercive action against the applicants for two weeks; liberty to approach this Court again for quashing if the compromise is verified; Registry to hand over the original compromise to the applicants' counsel after photocopy.

Issue for consideration

Whether the charge sheet No. 41 of 2013 and charge sheet 41A of 2014, the summoning order dated 02.05.2015 and the entire proceedings of Criminal Case No. 1200745 of 2015 (arising out of Case Crime No. 26 of 2013) should be quashed in view of the compromise dated 02.03.2020 between the parties.

Court's answer

Whether the parties have in fact compromised the matter can best be ascertained by the court below, before which the case is pending; the compromise must be duly verified in the presence of the parties concerned before the court below itself.

Ratio / Principle

Application disposed of with direction that if such a compromise is filed before the court concerned, it shall issue notice to all its signatories requiring their personal presence and thereupon verify the compromise.

Key takeaways

If the compromise is verified, a report shall be prepared and made part of the record; the parties may obtain certified copies of the report and compromise, and it will be open to the applicants to approach this Court again for quashing of the proceedings.ratio¶11
No coercive action shall be taken against the present applicants for a period of two weeks.ratio¶12
Registry directed to hand over the original copy of the compromise to learned counsel for the applicants after taking a photocopy of the same.ratio

Detailed headnote1 paragraphs

Application u/s 482 (No. 1622 of 2020) by Mohd. Arif and others to quash charge sheet No. 41 of 2013 and charge sheet 41A of 2014 and summoning order dated 02.05.2015 passed in Criminal Case No. 1200745 of 2015, arising out of Case Crime No. 26 of 2013 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Gonda: applicants pleaded amicable settlement by compromise dated 02.03.2020 (Annexure No. 5). Held, whether the parties have in fact compromised is best ascertained by the court below and the compromise must be duly verified in the presence of the parties before it; application disposed of directing the court concerned, if the compromise is filed, to issue notice to all signatories requiring personal presence and verify it, prepare a report and make the compromise part of the record; certified copies to be obtainable and the applicants at liberty to approach the High Court again for quashing upon verification. No coercive action against the applicants for two weeks; Registry to hand over the original compromise to the applicants' counsel after photocopy. (Rajeev Singh, J.; order dated 7.12.2023; Neutral Citation 2023:AHC-LKO:80878)

Neutral Citation No. - 2023:AHC-LKO:80878

Court No. - 12

Case :- APPLICATION U/S 482 No. - 1622 of 2020

Applicant :- Mohd. Arif And Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Pankaj Kumar Singh Counsel for Opposite Party :- G.A.,Ram Kaushal Tiwari

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel appearing for respondent no. 2 and perused the record.

The present application has been filed with the prayer to quash the charge sheet No. 41 of 2013 and 41A of 2014 as well as summoning order dated 02.05.2015 passed in Criminal Case No. 1200745 of 2015 arising out of Case Crime No. 26 of 2013, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Gonda and its entire proceedings.

Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 02.03.2020 (Original copy of the same is appended as Annexure No. 5 to the application).

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.

Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a

report to that effect shall be prepared by the court and the compromise will be made part of the record. 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.

For a period of two weeks, no coercive action shall be taken against the present applicants.

Registry is directed to hand over the original copy of the compromise to the learned counsel for the applicants after taking photocopy of the same.

Order Date :- 7.12.2023 VKS

Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench