Smt Reema Devi And 4 Others v. State of U.P & Anr.
Case at a glance
Provisions considered
Judgment
Sri Ramsagar Yadav, Advocate has filed short counter affidavit on behalf of opposite party no. 2/informant, in Court today, which is taken on record.
Heard learned counsel for applicants, Sri Ramsagar Yadav, learned counsel for the opposite party no.2/informant and learned A.G.A. for the State.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including charge-sheet dated
23.12.2022 and summoning order dated 04.02.2023, of Criminal Case No.7244 of 2023 (State vs. Shiv Kumar Upadhyay and Others), arising out of case crime no. 0034 of 2022, under Sections - 498-A, 323, 506 IPC and Section - 3/4 D.P. Act 1961, Police Station - Mahila Thana Baragaon, District - Varanasi, pending in the court of Civil Judge (Junior Division)/Fast Track Judge-02, Varanasi, in terms of the compromise arrived at between the parties.
Learned counsel for the applicants as well as learned counsel for the opposite party no.2/informant submitted that matter relates to matrimonial dispute and both the parties have amicably settled the dispute and they are living together and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.
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.
In view of the aforesaid it is directed that in case the parties file an appropriate application for compromise before the court concerned within a period of two weeks from today, the same 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 bythe next date.
Put up this case on 04.09.2024, as fresh.
Till the next date of listing, no coercive action would be taken against the applicants in the aforesaid case. Order Date :- 29.7.2024 S Rawat
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860.
Which court decided this case, and when?
Allahabad High Court, on 29 Jul 2024. The bench was RAJ BEER SINGH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.