Ghanshyam Maurya and Another Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

Ghanshyam Maurya and Another Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Application disposed of with directions to the trial court: if the compromise is filed before it, to issue notices to all signatories requiring personal presence and verify the compromise, prepare a report and make the compromise part of the record; parties to be allowed certified copies of the report and compromise; liberty to the applicants to approach the High Court again for quashing if the compromise is verified; no coercive action against the applicants for one month; Office to return the original compromise deed to the applicants' counsel after taking a photocopy.

Issue for consideration

Whether the charge-sheet dated 04.03.2020 in Case Crime No.243/2019 (Sections 498A, 323, 504, 506 I.P.C. and 3/4 DP Act, P.S. Nigoha, Lucknow) and the summoning order dated 26.07.2021 should be quashed in view of the alleged amicable compromise between the parties, and if so, how the compromise is to be verified.

Court's answer

Whether the parties have, in fact, compromised the matter can best be ascertained by the trial court, since such a compromise has to be duly verified in the presence of the parties concerned before the Court.

Ratio / Principle

Application disposed of with a direction to the trial court that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and thereafter verify the compromise; if verified, a report shall be prepared and the compromise made part of the record.

Key takeaways

The court concerned shall allow the parties to obtain certified copy of the report and the compromise, and it will be open to the applicants to approach this Court again for quashing of the proceedings if the compromise is verified.ratio¶6
For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶7

Detailed headnote1 paragraphs

Quashing application (S.482) — charge-sheet dated 04.03.2020 in Case Crime No.243/2019 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 DP Act, Police Station Nigoha, District Lucknow, and summoning order dated 26.07.2021 by A.C.J.M.-Ist, Lucknow — ground: amicable compromise between the parties, compromise filed before the High Court as Annexure No.4 — Held: whether the parties have in fact compromised is best ascertained by the trial court, as the compromise must be duly verified in the presence of the parties concerned — Application disposed of with directions to the trial court to issue notices to all signatories to the compromise, verify it, prepare a report and make the compromise part of the record; certified copies of the report and compromise to be made available to the parties; applicants at liberty to approach the High Court again for quashing if the compromise is verified — No coercive action against the applicants for one month — Office to return the original compromise deed to the applicants' counsel after taking a photocopy.

Neutral Citation No. - 2024:AHC-LKO:43832

Court No. - 12

Case :- APPLICATION U/S 482 No. - 5414 of 2024

Applicant :- Ghanshyam Maurya And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Raziullah,Gayasuddeen,Zartab Qamar Counsel for Opposite Party :- G.A.,Bipin Kumar Rai,Prabhakar Singh

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

The instant application has been filed for quashing the charge-sheet dated 04.03.2020 filed in Case Crime No.243/2019, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 of DP Act, Police Station Nigoha, District Lucknow as well as summoning order dated 26.07.2021 passed by A.C.J.M.-Ist, Lucknow.

Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.4 to the application.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court.

Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise 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 concerned 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 one month, no coercive action shall be taken against the applicants in the aforesaid case.

Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same.

Order Date :- 21.6.2024

V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench