Syed Mohd. Arshad Zaidi Vs State of U.P. Thru. Prin… — Domestic Violence | Allahabad HC (2024)

Syed Mohd. Arshad Zaidi Vs State of U.P. Thru. Prin… — Domestic Violence | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Application disposed of: applicant directed to approach the learned trial Court within four weeks and place before it the entire facts, including the compromise between the parties and the order permitting set-off (page 37); on such reply/response/application being filed in response to the notice dated 30.09.2024, the trial Court to dispose of the same by a speaking and reasoned order with utmost expedition; notice to opposite party no.2 dispensed with; no opinion expressed on merits.

Issue for consideration

Whether the entire proceeding of Complaint Case No.1683 of 2024 (under Section 31 D.V. Act, Police Station Kotwali Nagar, District Faizabad) and the trial Court's order dated 30.09.2024 issuing notice to the applicant ought to be quashed, in view of the settlement/compromise arrived at between the parties.

Court's answer

The Court declined to quash the proceeding or the notice at this stage; instead, it deemed it appropriate that the applicant approach the learned trial Court within four weeks and bring to its notice the entire facts, including the compromise between the parties and the order permitting set-off (page 37).

Ratio / Principle

If the applicant files a reply/response/application before the learned trial Court in response to the notice issued vide order dated 30.09.2024, the trial Court shall dispose of the same, having regard to the entire facts and circumstances including the annexures filed by the applicant.

Key takeaways

Any such reply/response/application shall be disposed of by the trial Court by a speaking and reasoned order and with utmost expedition.ratio¶14
While disposing of the application, the Court has not adverted to the merits of the case in any manner.ratio¶16

Detailed headnote1 paragraphs

Application under S.482 Cr.P.C. seeking quashing of the entire proceeding of Complaint Case No.1683 of 2024 (S.31 D.V. Act, P.S. Kotwali Nagar, District Faizabad) and the trial Court's order dated 30.09.2024 issuing notice to the applicant, on the ground that the parties had settled their dispute amicably pursuant to an agreement at the mediation centre of the High Court (pages 64-65) and an order permitting set-off (page 37). Held, disposing of the application: at a stage where the trial Court had merely issued notice without forming any view or passing any order against the applicant, the proper course was not quashing but for the applicant to approach the trial Court within four weeks and place the entire facts, including the compromise and set-off order, before it; on such reply/response/application being filed, the trial Court shall dispose of the same by a speaking and reasoned order with utmost expedition. The Court expressly clarified that it had not adverted to the merits of the case in any manner. Notice to opposite party no.2 was dispensed with.

Neutral Citation No. - 2024:AHC-LKO:76041

Court No. - 14

Case :- APPLICATION U/S 482 No. - 10327 of 2024

Applicant :- Syed Mohd. Arshad Zaidi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others

Counsel for Applicant :- Mohd. Tariq Khan Counsel for Opposite Party :- G.A.

Hon'ble Ajai Kumar Srivastava-I,J.

Heard Sri Mohd. Tariq Khan, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned A.G.A.-I for the State.

In view of the order proposed to be passed, notice to opposite party no.2 is dispensed with.

The instant application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire proceeding of Complaint Case No.1683 of 2024, under Section 31 D.V. Act, Police Station Kotwali Nagar, District Faizabad as well as order dated 30.09.2024.

Learned counsel for the applicant has submitted that in utter disobedience of an agreement entered into between applicant No.1 and opposite party No.2 at the mediation centre of this Court, which is available at pages 64 and 65, the learned trial Court has proceeded to issue notice to the applicant vide order dated 30.09.2024 in Case No. 1683 of 2024. He, thus, submits that as the parties have settled their dispute amicably, there was no occasion for the learned trial Court to have issued

notice to the present applicant in respect of any proceeding or any alleged due(s).

Per contra, learned A.G.A. has opposed the aforesaid prayer by submitting that by means of the impugned order dated 30.09.2024, only a notice to the applicant has been issued. He, thus, submits that at such an early stage to rush of this Court for quashing itself is an abuse of process of this Court as the trial has not progressed substantially.

Having heard learned counsel for the applicant and learned A.G.A. for the State, and having regard to the fact that by means of the impugned order dated 30.09.2024, the learned trial Court has proceeded to issue notice to the applicant only, without forming any view of the matter or passing any order against the applicant, it is deemed appropriate that the present applicant is directed to approach the learned trial Court where he may bring to the notice of learned trial Court the entire facts, including the fact of compromise between the parties and the order permitting the set-off, which is available at page No. 37 to this application, within four weeks from today. In case, such a reply/response/application is filed before the learned trial Court by the present applicant in response to the notice issued vide order dated 30.09.2024, the learned trial Court shall proceed to dispose of the same, having regard to the entire facts and circumstances of this case, including the annexures filed by the applicant, by means of a

speaking and reasoned order and that too with utmost expedition.

The instant application is finally disposed of , accordingly.

It is made clear that while disposing of this application, this Court has not adverted to the merits of the case in any manner.

(Ajai Kumar Srivastava-I, J.) Order Date :- 19.11.2024 A.Dewal

Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench