Abdullah and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Abdullah and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions to the court below to verify the compromise dated 04.01.2025 after summoning the parties and, on verification, to permit opposite party no. 2 to withdraw the proceeding against the applicants; verification to be concluded within two months; no coercive action against the applicants for two months; liberty reserved to file a fresh quashing application under Section 482 Cr.P.C./528 BNSS if need arises.

Issue for consideration

Whether the charge sheet dated 01.06.2023, cognizance and summoning order dated 24.10.2024, and the entire criminal proceeding in Case Crime No. 48 of 2023 arising out of matrimonial discord should be quashed in view of the amicable settlement between the parties evidenced by the written compromise deed dated 04.01.2025.

Court's answer

The 482 application is disposed of with a direction to the court below to verify the compromise after summoning the parties, and on verification of the compromise, the court below will permit opposite party no. 2 to withdraw the proceeding against the applicants.

Ratio / Principle

The verification exercise shall be concluded by the court below within two months, and for a period of two months no coercive action shall be taken against the applicants.

Key takeaways

The applicants are granted liberty to file a fresh application under Section 482 Cr.P.C./528 BNSS to quash the main proceedings, if need arises.ratio¶¶13

Detailed headnote1 paragraphs

Quashing (S. 482 Cr.P.C.) — matrimonial discord — charge sheet dated 01.06.2023 and cognizance/summoning order dated 24.10.2024 in Case Crime No. 48 of 2023 under Sections 498-A, 323 I.P.C. and Section 3/4 D.P. Act, P.S.- Agauta, District Bulandshahr, and entire proceeding in Case No. 26226/2024 — parties settled dispute amicably by written compromise deed dated 04.01.2025, original filed before court below — compromise not yet verified — HELD: application disposed of with direction to trial court to verify the compromise after summoning the parties and, on verification, permit opposite party no. 2 to withdraw the proceeding against applicants; verification to conclude within two months; no coercive action against applicants for two months; liberty to file fresh application under Section 482 Cr.P.C./528 BNSS if need arises.

Neutral Citation No. - 2025:AHC:13008

Court No. - 77

Case :- APPLICATION U/S 482 No. - 2513 of 2025

Applicant :- Abdullah And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avneesh Mishra,Shikhar Tandon Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Shikhar Tandon, learned counsel for the applicant through video conferencing and Shri P.P. Tiwari, learned learned A.G.A. for the State and perused the record.

The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet dated 01.06.2023 as well as cognizance and summoning order dated 24.10.2024 passed by Additional Civil Judge/Additional Chief Judicial Magistrate, Court No. 1, Bulandshahr in Case Crime No. 48 of 2023, under Sections 498-A, 323 I.P.C. and Section 3/4 D.P. Act, P.S.- Agauta, DistrictBulandshahr as well as entire Criminal Proceeding in Case No. 26226/2024 (State Vs. Abdullah and others.)

Contention of learned counsel for the applicants is that the matrimonial discord between the parties has culminated into the main proceeding and during the pendency of this application, both the parties have settled their dispute amicably, which was also reduced in written compromise deed dated 04.01.2025, copy of same has been annexed at Page No.-80. It is further submitted that original deed of compromise has already been filed before the court below and it is also prayed that on the basis of compromise, impugned proceeding may be quashed

However, learned A.G.A. has submitted that the aforesaid

compromise is yet to be verified by the court below, therefore, a direction may be issued to court below to verify the aforesaid compromise.

In view of the above, present application is disposed of with direction to learned court below to verify the aforesaid compromise after summoning the parties and on verification of the aforesaid compromise, the court below will permit the opposite party no.2 to withdraw the proceeding against applicants.

It is further directed that the aforesaid exercise shall be concluded by the court below within a period of two months and for a period of two months, no coercive action shall be taken against the applicants.

However, the applicants are granted liberty to file a fresh application under Section 482 Cr.P.C./528 BNSS to quash the main proceedings, if need arises.

Order Date :- 24.1.2025 Sharad/-

Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad