Sushil Kumar Sharma and 2 Others Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

Sushil Kumar Sharma and 2 Others Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Petition disposed of on the basis of the compromise, considering Gian Singh v. State of Punjab (2012) 10 SCC 303: parties directed to appear before the trial court on 24.4.2024 for verification of the compromise within one week; trial court to provide the verification report to the parties and place a copy of the compromise on record; impugned proceedings to remain in abeyance for three months; applicants at liberty to approach the Court again for quashing on the basis of the verification report and compromise.

Issue for consideration

Whether the criminal proceedings in Crl. Case No. 115126 of 2022 (State v. Sushil Sharma and others), arising out of FIR No.12 of 2022 under Sections 498-A, 504, 506 IPC read with Sections 3/4 Dowry Prohibition Act, P.S. Vibhuti Khand, Lucknow, should be quashed on the basis of the compromise arrived at between the parties.

Court's answer

The petition is disposed of with directions to the parties to appear before the trial court on 24.4.2024; the trial court shall verify the compromise in the presence of the parties within the next one week, provide a copy of the verification report to the parties, and place a copy of the compromise on its record; it will be open to the applicants to approach the Court again for quashing of the proceedings on the basis of the verification report and compromise.

Ratio / Principle

The impugned proceedings shall remain in abeyance for a period of three months.

Key takeaways

Office is directed to return the original copy of the compromise to learned counsel for the petitioners and retain a photocopy thereof, under the Rules of the Court (administrative direction).obiter¶14

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Karunesh Singh Pawar, J.), Order dated 9.4.2024, in Application U/S 482 No. 3238 of 2024 by Sushil Kumar Sharma, Sunil Sharma and Smt. Suraj Kanti Devi seeking quashing of the proceedings in Crl. Case No. 115126 of 2022 (State v. Sushil Sharma and others) arising out of FIR No.12 of 2022, P.S. Vibhuti Khand, district Lucknow, under Sections 498-A, 504, 506 I.P.C. read with Sections 3/4 D.P. Act. The dispute having been amicably resolved by a compromise on record, with respondent No.2 and the learned A.G.A. raising no objection subject to verification, and considering the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Court disposed of the petition with directions to the parties to appear before the trial court on 24.4.2024 for verification of the compromise within one week; the trial court to provide the verification report to the parties and place a copy of the compromise on record; the impugned proceedings to remain in abeyance for three months; and liberty reserved to the applicants to approach the Court again for quashing on the basis of the verification report and compromise. Office directed to return the original compromise to the petitioners' counsel. Neutral Citation: 2024:AHC-LKO:28823.

Neutral Citation No. - 2024:AHC-LKO:28823

Court No. - 15

Case :- APPLICATION U/S 482 No. - 3238 of 2024

Applicant :- Sushil Kumar Sharma, Sunil Sharma and Smt. Suraj Kanti Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Abhishek Kumar Singh,Avtar Singh Counsel for Opposite Party :- G.A., Gulshan Mohala, Nidhi Singh

Hon'ble Karunesh Singh Pawar,J.

1.Heard learned counsel for the applicants and Ms. Nidhi Singh, learned counsel for respondent No.2 who filed vakalatnama today in court which is taken on record, as also learned A.G.A., and perused the record.

2.The instant petition has been filed by the applicants with a prayer to quash the proceedings of Crl. Case No. 115126 of 2022 State versus Sushil Sharma and others arsing out FIR No.12 of 2022 under sections 498-A, 504, 506 I.P.C., read with sections 3/4 D.P. Act, P.S. Vibhuti Khand, district Lucknow.

3.Learned counsel for the petitioners submits that the dispute between the parties has been amicably resolved outside the court by way of compromise which is on record. It is submitted that on the basis of the compromise, the impugned proceedings are liable to be quashed.

4.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.

5.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 24.4.2024, 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 on the basis of the verification report and compromise.

For a period of three months, impugned proceedings shall remain in abeyance.

6.Office is directed to return original copy of the compromise to learned counsel for the petitioners and retain a photocopy thereof, under Rules of the Court.

Order Date :- 9.4.2024 kkb/

Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench