Shahzad and 2 Others v. State of U.P. and Another
Case brief
What is this about?
In anApplication under Section 482 Cr.P.C. seeking quashing of criminal proceedings based on a claimed compromise, the High Court directed applicants to file a verified compromise petition before the trial court within two weeks before allowing any quashing.
What the court decided
Court No. - 76
Case :- APPLICATION U/S 482 No. - 22119 of 2024
Applicant :- Shahzad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Shukla,Vivek Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for applicants and learned A.G.A. for the State.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 08.07.2022 and cognizance/summoning order dated 11.08.2023, of criminal case no. 20947 of 2023, arising out of case crime no. 89 of 2022, under Sections 498A, 323, 504, 506, 427 IPC, Section 3/4 of D.P. Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, P.S. Kotwali, District Meerut, pending in the court of A.C.J.M.-4th, Meerut in terms of the compromise arrived at between the parties.
It is submitted by learned counsel for the applicants that on account of intervention of the well-wishers, a compromise has been arrived at between the parties and the said compromise will be filed before the court concerned within two weeks from today. It is further contended that proceedings of the aforesaid case may be quashed on the basis of compromise arrived at between the parties.
Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.
Issues for consideration
2 issues framed by the court
Whether compellable proceedings under Sections 498A and related provisions can be quashed based on an alleged compromise without court verification.
The procedure for verifying a compromise petition between parties in a pending matrimonial criminal case.
Parties & counsel
- applicant
Shahzad And 2 Others
Coram
Raj Beer Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A482/22119/2024
All orders in this case
4 orders share this CNR
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