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

Shahanshah Alam 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 with directions to the parties to file the compromise before the concerned court within four weeks for verification (report within two weeks of production of a copy of the order); liberty reserved to the applicant(s) to approach this Court again for quashing; no coercive action against the applicant(s) for eight weeks. The quashing prayer itself was not decided at this stage.

Issue for consideration

Whether the charge-sheet No. 0100 dated 07-06-2019 in Case Crime No.100/2019 (Sections 498A, 504, 506 IPC read with Sections 3/4 Dowry Prohibition Act) and the summoning order dated 10-04-2023 are liable to be quashed in view of the amicable settlement/compromise between the parties.

Court's answer

Whether the parties have, in fact, compromised the matter can best be ascertained by the trial court, as such compromise has to be duly verified in the presence of the parties concerned before the Court; the High Court therefore did not itself decide the quashing prayer on the basis of the compromise.

Ratio / Principle

The application is disposed of finally with directions: the parties shall appear and file the compromise before the concerned court within four weeks; the concerned court shall verify the compromise, prepare a report and make the original compromise deed part of the record; verification shall be concluded within two weeks from production of a copy of this order; certified copies of the report and compromise deed shall be furnished to the parties; and it shall be open to the applicant(s) to approach this Court again for quashing of the proceedings.

Key takeaways

Interim protection: for a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.ratio¶20

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.) — Application under Section 528 BNSS (registered as APPLICATION U/S 482 No. 7422 of 2024) by Shahanshah Alam and others praying for quashing of charge-sheet No. 0100 dated 07-06-2019 in Case Crime No.100/2019 (Sections 498A, 504, 506 IPC read with Sections 3/4 Dowry Prohibition Act) and for setting aside the summoning order dated 10-04-2023 passed by the Additional Chief Judicial Magistrate, Kunda, District Pratapgarh in Case No.748 of 2019, on the ground that the parties had amicably settled their dispute and executed a compromise deed (Annexure No. 4). Held: whether the parties have in fact compromised can best be ascertained by the trial court, as such compromise has to be duly verified in the presence of the parties before it. The application was accordingly disposed of finally with directions that the parties appear and file the compromise before the concerned court within four weeks; that the concerned court verify the compromise, prepare a report and make the original compromise deed part of the record; that verification be concluded within two weeks from production of a copy of the order; that certified copies of the report and compromise deed be permitted; and that it remains open to the applicant(s) to approach the Court again for quashing. For a period of eight weeks, no coercive action was to be taken against the applicant(s). Order dated 23.8.2024; Neutral Citation 2024:AHC-LKO:57568.

Neutral Citation No. - 2024:AHC-LKO:57568

Court No. - 13

Case :- APPLICATION U/S 482 No. - 7422 of 2024

Applicant :- Shahanshah Alam And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Saurabh Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Sri Rudra Mani Shukla, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record.

Heard learned counsel for the parties and perused the record.

Instant application has been preferred by the applicant(s) for the following main relief:-

"For the facts, reasons and circumstances enumerated in the application under Section 528 BNSS supported with affidavit, it is humbly prayed that this Hon'ble Court may kindly be pleased to quash the charge-sheet No. 0100 dated 07-06-2019 (contained as Annexure No.2 to this petition) submitted in reference of Case Crime No.100/2019, under Section -498A, 504, 506 IPC, read with Section 3/4 Dowry Prohibition Act and also to set aside the summoning order dated 10-04-2023 passed by the learned Additional Chief Judicial Magistrate, Kunda, District Pratapgarh in Case No.748 of 2019 (contained as Annexure No.3 to this petition) during pendency of this petition."

Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 4 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.

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

Considering the aforesaid, this application is disposed of finally in following terms:-

(i) The parties to the proceedings in issue shall appear and file the compromise

before the concerned court within four week's from today.

(ii) If the parties appear before the concerned court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

(iii) The concerned court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order.

(iv) The concerned court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

(v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings.

(vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

(vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.

Order Date :- 23.8.2024

Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench