Disposed

Mool Chand Tyagi and Another v. State of U.P. and Another

Allahabad HC21 Sept 2024A482/31850/2024

Case brief

AI extract

What is this about?

This order on Section 482 Cr.P.C. in a matrimonial case involving Section 498A IPC charges directs the High Court to remand the matter to the trial court. The court suspended coercive action and set a date to verify if the parties have genuinely compromised before granting quashing.

What did the court decide?

Coercive action stayed. Parties directed to appear in trial court for compromise verification and report to High Court.

Mool Chand Tyagi and Another vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2024)

¶1

Court No. - 76

¶2

Case :- APPLICATION U/S 482 No. - 31850 of 2024

¶3

Applicant :- Mool Chand Tyagi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Raj Beer Singh,J.

¶5

Heard learned counsel for the applicants and learned AGA for the State.

¶6

This application under Section 482 Cr.P.C. has been filed for quashing of the entire criminal proceedings, including charge-sheet dated 05.11.2023 as well as cognizance/summoning order dated 20.03.2024, of Case Crime No. 0638 of 2023 (State Vs. Pankaj Tyagi and others), under Sections 498A, 323, 504, 325 IPC and Section 3/4 D.P. Act, P.S.- Sihani Gate, District- Ghaziabad, pending in the court of A.C.J.M. Court No.3, Ghaziabad.

¶7

It has been submitted by learned counsel for the applicants that matter relates to matrimonial dispute and both the parties have amicably settled the dispute and compromised the matter, hence, the impugned proceedings may be quashed on the basis of compromise.

¶8

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.

¶9

In view of the aforesaid it is directed that in case the parties appear before the trial Court and file an appropriate application for compromise within a period of two weeks from today, the same

¶10

shall be verified by the court concerned in accordance with law and if the said compromise is verified, the same shall be made part of the record and report to that effect will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court by the next date.

¶11

List this case on 21.10.2024.

¶12

It is directed that till the next date of listing, no coercive action would be taken against the applicants in the aforesaid case. Order Date :- 21.9.2024

¶13

SP/-

¶14

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Mool Chand Tyagi and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mool Chand Tyagi and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mohit Dixit vs State of U.P.

Arvind Kumar Upadhyay vs State of U.P. and Another

Bhanu Prakash vs State of U.P. ANOther

Banke Lal Yadav vs State of U.P. and Another

Laxmi Narayan Dinkar vs State of U.P. and ANOther

Lasai Alias Shiv Mohan vs State of U.P. and Another