Gaurav Saxena and Others Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

Gaurav Saxena and Others Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Application disposed of directing the parties to appear before the learned trial court on 03.07.2024 for verification of the compromise dated 24.05.2024; trial court to verify the compromise within one week thereafter and provide the verification report to the parties; impugned proceedings kept in abeyance for three months; liberty to file a fresh quashing petition with the verification report and the compromise.

Issue for consideration

Whether the impugned charge sheet and proceedings in Criminal Case No.115174/2023 (Crime No.0039/2023) are liable to be quashed under Section 482 Cr.P.C. on the basis of the compromise dated 24.05.2024 arrived at between the parties.

Court's answer

Petition disposed of with directions to the parties to appear before the learned trial court on 03.07.2024 for verification of the compromise dated 24.05.2024; the trial court to verify the contents of the compromise in the presence of the parties within one week thereafter and provide a copy of the verification report to the parties.

Ratio / Principle

The impugned proceedings shall be kept in abeyance for a period of three months from the date of the order.

Key takeaways

Liberty granted to the applicants to approach this Court again for quashing of the proceedings by filing a fresh petition along with the verification report of the learned trial court and the compromise entered between the parties.ratio¶15

Detailed headnote1 paragraphs

Quashing — S.482 Cr.P.C. — charge sheet in case under ss.498-A, 323, 504, 506 I.P.C. and s.3/4 D.P. Act (Crime No.0039/2023, P.S. Bijnaur, Lucknow) — parties settled dispute amicably by compromise deed dated 24.05.2024, conceded by opposite party no.2 — considering Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, petition disposed of directing parties to appear before trial court (ACJM-VIII, Lucknow) on 03.07.2024 for verification of the compromise, verification to be completed within one week and report furnished to parties — impugned proceedings kept in abeyance for three months — liberty to file fresh quashing petition along with verification report and compromise.

Neutral Citation No. - 2024:AHC-LKO:42508

Court No. - 12

Case :- APPLICATION U/S 482 No. - 5282 of 2024

Applicant :- Gaurav Saxena And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ravi Shankar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash Shukla,J.

Vakalatnama filed today on behalf of opposite party no.2 by Shri Ankur Srivatava, Advocate is taken on record.

Heard learned Counsel for the applicants, learned Additional Government Advocate for the State-respondents and Shri Ankur Srivastava, learned Counsel for opposite party no.2.

The present application under Section 482 Cr.P.C. has been filed for quashing the impugned Charge Sheet No.01/2023 dated 01.08.2023 in Criminal Case No.115174/2023 in Crime No.0039/2023, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act relating to Police Station Bijnaur, District Lucknow, pending in the Additional Chief Judicial Magistrate-VIII, Lucknow.

Learned Counsel for the applicants submits that dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed dated 24.05.2024 is on record as Annexure -4 to the application.

Learned Counsel appearing for opposite party no.2 does not dispute the above facts rather he concedes the same.

It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed.

Learned Additional Government Advocate has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed.

On due consideration of the arguments advanced by the parties' Counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333 , the petition is disposed of directing the parties to appear before the learned trial court on 03.07.2024 for verification of the compromise dated 24.05.2024. Learned trial Court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties.

The proceedings impugned (supra) shall be kept in abeyance for the period of three months from today.

It will be open for the applicants to approach this Court again for quashing of the proceedings by filing a fresh petition a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties.

Office is directed to return certified/original copies to the learned Counsel for the applicants.

(Om Prakash Shukla, J.)

Order Date :- 5.6.2024 Anand Sri./-

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