Disposed¶13

Ejajuddin Khan v. State of Up and Another

Allahabad HC2 Apr 2025A482/37558/2024

Case brief

AI extract

What is this about?

Allahabad High Court; Section 482 Cr.P.C.; quashing of charge sheet and summoning order; compromise between parties in matrimonial dispute; Sections 498-A, 323, 504, 506 IPC; Section 3/4 Dowry Prohibition Act; verification of compromise by trial court; Gian Singh v. State of Punjab (2012) 10 SCC 303 referred; interim protection from coercive measures; Manju Rani Chauhan, J.; Case Crime No.0166 of 2018; P.S. Chamanganj, Kanpur Nagar.

What did the court decide?

Interim protection: no coercive measure shall be taken against the applicant in the aforesaid case till the next date (6th February, 2025); both parties directed to appear before the court below for verification of the compromise, with a report to be sent to the High Court thereafter. ¶13

Ejajuddin Khan Vs State of Up and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge sheet dated 03.01.2019, the Cognizance/Summoning order dated 14.03.2019 and the entire criminal proceeding of Case No.10450 of 2019 should be quashed on the basis of the compromise entered into between the parties.

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Court's answer

Whether a compromise has taken place or not can at best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.

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Ratio / Principle

Both parties were directed to appear before the court below with the compromise deed and a certified copy of the order; the trial court is expected to fix a date for verification of the compromise, ensure the presence of the parties, hear the informant, record the parties' statements on fulfilment of the terms of the compromise deed, and pass an appropriate order in accordance with law, preferably within four weeks, and upon due verification send a report to this Court.

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Key takeaways

As an interim measure, no coercive measure shall be taken against the applicant in the aforesaid case until the matter is put up fresh on 6th February, 2025.ratio¶13

Detailed headnote1 paragraphs

Criminal misc. application under Section 482 Cr.P.C. seeking quashing of charge sheet dated 03.01.2019, Cognizance/Summoning order dated 14.03.2019 and the entire criminal proceeding of Case No.10450 of 2019 (arising out of Case Crime No.0166 of 2018, State vs. Ejajuddin) under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Chamanganj, District Kanpur Nagar, on the ground that the parties have compromised and decided to live together. Held: whether a compromise has taken place can at best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it. Both parties directed to appear before the trial court with the compromise deed and a certified copy of the order; the trial court to verify the compromise, record the parties' statements on fulfilment of its terms, hear the informant, and pass an appropriate order in accordance with law, preferably within four weeks, and send a report to the High Court. Matter to be listed fresh on 6th February, 2025; till then, no coercive measures against the applicant.

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 37558 of 2024

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Applicant :- Ejajuddin Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- Mohd. Ishraque Farooqui,G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Manoj Kumar, learned counsel for the applicant, Mohd. Ishraque Farooqui, learned counsel for the opposite party no.2 as well as Mr. Amit Singh Chauhan, learned counsel for the State and perused the material on record.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 03.01.2019 along with Cognizance/Summoning order dated 14.03.2019 and the entire criminal proceeding of Case No.10450 of 2019, arising out of Case Crime No.0166 of 2018 (State vs. Ejajuddin), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Chamanganj, DistrictKanpur Nagar, as well as stay the further proceeding of the aforesaid case, pending in the court of Civil Judge (J.D.) 10, Kanpur Nagar, in pursuance of compromise.

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Learned counsel for the applicant submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties after which they have decided to live together. The copy of the said compromise/mutual deed, filed before the court below, is annexed as Annexure No.4 to this application. Therefore, continuance of proceedings against the applicant would be a futile exercise and wastage of time of the Court and will be abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.

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Learned A.G.A. as well as learned counsel for opposite party no.2 also do not dispute the correctness of the submissions made by the learned counsel for the applicant.

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Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.

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In view of the above, both the parties are directed to appear before the court below along with copy of compromise deed as well as a certified copy of this order. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, after hearing the informant, as expeditiously as possible, preferably within a period of four weeks from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

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Upon due verification of compromise, the court below may pass appropriate order in that regard and send a report to this Court.

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Put up this case on 6^th February, 2025 as fresh.

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Till then, no coercive measure shall be taken against the applicant in the aforesaid case.

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Order Date :- 8.1.2025 Kalp Nath Singh

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Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad

Ejajuddin Khan v. State of Up and Another

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Ejajuddin Khan v. State of Up and Another

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