Ravikant Gupta and 5 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ravikant Gupta and 5 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with direction to the court below to verify the compromise deed dated 15.02.2023 after summoning the parties; on verification, opposite party no. 2 permitted to withdraw Complaint Case No. 278 of 2020 under Section 257 Cr.P.C.; exercise to be completed within two months; no coercive action against the applicants for those two months; liberty to file a fresh Section 482 Cr.P.C. application if need arises.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 278 of 2020, together with the summoning order dated 17.01.2024, can be quashed on the basis of the parties' written compromise deed dated 15.02.2023 amicably settling their matrimonial dispute. +1 more

Court's answer

In view of the reported amicable settlement, the present application is disposed of with direction to the learned court below to verify the aforesaid compromise after summoning the parties.

Ratio / Principle

On verification of the aforesaid compromise, the court below will permit the opposite party no. 2 to withdraw the proceedings of Complaint Case No. 278 of 2020 under Section 257 Cr.P.C.

Key takeaways

The verification exercise shall be concluded by the court below within a period of two months.ratio¶11
For a period of two months, no coercive action shall be taken against the applicants.ratio¶11
The applicant is granted liberty to file a fresh application under Section 482 Cr.P.C. to quash the main proceedings, if need arises.obiter

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Arun Kumar Singh Deshwal, J.), Order dated 3.1.2025: Disposed of Application U/S 482 No. 43238 of 2024 by Ravikant Gupta and 5 others, which sought quashing of the entire proceedings of Complaint Case No. 278 of 2020 (Priyanka Vs. Ravikant and others) under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S.- Mandi, Saharanpur, pending before Civil Judge (J.D.)-4th, Saharanpur, together with the summoning order dated 17.01.2024 of the Chief Judicial Magistrate, Saharanpur, on the basis of a written compromise deed dated 15.02.2023 recording amicable settlement of the matrimonial dispute. Accepting the A.G.A.'s submission, the Court did not itself quash the proceedings; it directed the court below to verify the compromise after summoning the parties and, upon verification, to permit opposite party no. 2 to withdraw the proceedings under Section 257 Cr.P.C. The verification exercise was to be completed within two months, during which no coercive action was to be taken against the applicants, and liberty was reserved to file a fresh Section 482 Cr.P.C. application if need arose. No precedents were cited; single-judge order, no dissent.

Court No. - 77

Case :- APPLICATION U/S 482 No. - 43238 of 2024

Applicant :- Ravikant Gupta And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Avinash Pandey, learned counsel for the applicant 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 entire proceedings of Complaint Case No. 278 of 2020 (Priyanka Vs. Ravikant and others) as well as summoning order dated 17.01.2024 passed by Chief Judicial Magistrate, Saharanpur, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S.- Mandi, District- Saharanpur, pending in the court of Civil Judge (J.D.)-4th, Saharanpur on the basis of compromise.

Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial dispute and now both the parties have settled their dispute amicably, which was also reduced in written compromise deed dated 15.02.2023 and a copy of the same has already been filed before the court of Civil Judge (Junior Division)/FTC, Saharanpur and photocopy of the same has been annexed as Annexure No. 7 to this application and it is also prayed that on the basis of compromise, proceeding of Complaint Case No. 278 of 2020 may be quashed

However, learned A.G.A. has submitted that the aforesaid compromise has 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 of Complaint Case No. 278 of 2020 under Section 257 Cr.P.C.

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 applicant is granted liberty to file a fresh application under Section 482 Cr.P.C. to quash the main proceedings, if need arises.

Order Date :- 3.1.2025

Sharad/-

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