Disposed

Shahanshah Alam and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC23 Aug 2024A482/7422/2024

Case brief

AI extract

What is this about?

Application to quash a dowry-related charge-sheet and summoning order on grounds of an out-of-court compromise between parties. The court disposed of the application by directing parties to file and verify the compromise before the trial court within set timelines, with liberty to re-approach for quashing thereafter.

What did the court decide?

Parties directed to file compromise with trial court; verification ordered; eight weeks' immunity from coercive action; liberty to re-apply for quashing.

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

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

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Court No. - 13

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

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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.

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Hon'ble Saurabh Lavania,J.

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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.

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Heard learned counsel for the parties and perused the record.

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

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"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."

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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.

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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.

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

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

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

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(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.

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(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.

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

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

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(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.

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

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Order Date :- 23.8.2024

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Arun/-

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

Shahanshah Alam and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Shahanshah Alam and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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