State of U.P v. Ravi Saini and others) arising out of Case Crime No
Case Details
Neutral Citation No. - 2024:AHC:171653 Court No. - 73 Case :- APPLICATION U/S 482 No. - 30407 of 2024
Legal Reasoning
Applicant :- Ravi Saini And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Mishra,Sachin Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Sachin Srivastava, learned counsel for the applicants, Mr. Kirti Singh, learned AGA for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 27.08.2024 and charge sheet as well as the entire proceedings of Case No.31802 of 2024 (State vs. Ravi Saini and others), arising out of Case Crime No.76 of 2023, under Sections 498A, 323, 427, 506 IPC & 3/4 of D.P. Act against applicant no.1 to 4 and Sections 498A, 323, 427, 506, 354 IPC and Section 3/4 of D.P. Act, Police Station-Mahila Thana, District-Moradabad on the basis of compromise. 3. Earlier on 19.09.2024, the following order was passed:- " 1. Heard learned counsel for the applicants and the learned A.G.A. Perused the record. 2. Applicants have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is therefore, Most Respectfully prayed that this Hon'ble court may be pleased to: (1) kindly set aside/quash impugned order dated 27.08.2024 (Annexure No.1 to the affidavit) passed by learned Civil Judge (J.D.)/F.T.C. (Crime Against Women), Moradabad in Case No.31802 of 2024 (State of U.P. Versus Ravi Saini and others) arising out of Case Crime No.76 of 2023 under Sections 498-A, 323, 427, 506 I.P.C. and 3/4 of D.P. Act against applicant nos. 1 to 4 and under Sections 498-A, 323, 427, 506, 354 I.P.C. and 3/4 of D.P. Act against applicant no.5, P.S. Mahila Thana, District-Moradabad. (2) Quash the charge-sheet as well as entire proceedings of Case No.31802 of 2024 (State of U.P. Versus Ravi Saini and others) arising out of Case Crime No.76 of 2023 under Sections 498-A, 323, 427, 506 I.P.C. and 3/4 of D.P. Act against applicant nos. 1 to 4 and under Sections 498-A, 323, 427, 506, 354 I.P.C. and 3/4 of D.P. Act against applicant no.5, P.S. Mahila Thana, District-Moradabad. (3) in addition to or in substitution above, to grant such other and further relief in favour of applicants, which this Hon'ble Court may deem just and proper in the interest of justice." 3. Learned counsel for the appellants submitted that the parties have settled their dispute out of Court on the basis of compromise. They have drawn the attention of this Court towards compromise deed dated 20.08.2024 in which it is stated that by amicable settlement both the parties want to resolve the aforesaid dispute. It is next submitted that the entire proceedings be dropped in light of the compromise deed filed by the parties. It is further submitted that the parties are also ready to appear before the court concerned for verification of compromise. 4. Learned AGA is having no objection, if any, such direction is given to the court concerned for verification of compromise executed between the parties. 5. As both the parties have amicably settled their dispute and compromise has also been arrived between them, therefore, it is directed that both the parties shall appear before the court concerned within ten days and shall file an application along with the certified copy of this order for verification of compromise, entered between them. 6. If any such application is moved, then the court concerned shall verify the compromise, in accordance with law, and shall pass a reasoned order accepting or rejecting of compromise, in accordance with law and transmit verification report to this Court. 7. List as fresh before appropriate Bench on 18.10.2024. 8. Till the next date of listing, no coercive measures shall be adopted against the appellants in the aforesaid case. 9. Office is directed to submit a report on the next date fixed in respect of verification report, if any, forwarded by the court concerned. " 4. In compliance of the aforesaid order, compromise deed has been verified vide order dated 09.10.2024. Certified copy of the aforesaid order dated 09.10.2024 passed on to the Court today, is kept on record. 5. Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court. 6. Learned A.G.A. for the State does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants. 7. Before proceeding any further it shall be apt to make a brief reference to the following cases:-