High Court

Applicant :- Mohd Sharukh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Byas Kumar Prasad,Pradeep Kumar Keshri Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Pradeep Kumar Keshri, learned counsel for the applicants and learned A.G.A. for the State and perused the record. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 04.01.2022 as well as entire proceedings of Case No.3974 of 2022 (State Vs. Shahrukh), arising out of Case Crime No. 220 of 2021, under Sections 498A, 406 I.P.C., Police Station Rakabganj, District Agra, pending in the Court of Chief Judicial Magistrate, Agra in pursuance of compromise deed dated 20.03.2023. On 15.10.2024, the following order was passed:- "1. Heard Mr. Byas Kumar Prasad, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 04.01.2022 as well as entire proceedings of Case No.3974 of 2022 (State Vs. Shahrukh), arising out of Case Crime No. 220 of 2021, under Sections 498A, 406 I.P.C., Police Station Rakabganj, District Agra, pending in the Court of Chief Judicial Magistrate, Agra in pursuance of compromise deed dated 20.03.2023.

3. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties. 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 applicants 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.

4. Learned AGA does not dispute the correctness of the submissions made by the learned counsel for the applicants.

5. 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.

6. 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 within a two week from today. 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?

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

8. Put up this case on 13.11.2024, as fresh.

9. Till then, no coercive measure shall be taken against the applicants in the aforesaid case." As the parties could not appear before the Court concerned, therefore, on 13.11.2024 the following order was passed:- "1. Heard Mr. Byas Kumar Prasad, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 04.01.2022 as well as entire proceedings of Case No.3974 of 2022 (State Vs. Shahrukh), arising out of Case Crime No. 220 of 2021, under Sections 498A, 406 I.P.C., Police Station Rakabganj, District Agra, pending in the Court of Chief Judicial Magistrate, Agra in pursuance of compromise deed dated 20.03.2023.

3. Learned counsel for the applicants submits that due to personal difficulties the parties could not appear before the trial court within stipulated period as directed by this Court vide order dated 15.10.2024, therefore, time may be granted to the parties to appear before the court concerned for verification of the compromise.

4. 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?

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

6. Put up this case on 13.12.2024, as fresh.

7. Till then, no coercive measure shall be taken against the applicants in the aforesaid case." In compliance of the aforementioned orders, report received from Additional Chief Judicial Magistrate, Court No.1, Agra indicated about the fact that parties did not appear before the Court concerned for verification of the compromise. On 31.01.2025, compromise verification report was awaited. Today, as per the office report dated 15.02.2025, compromise verification report is awaited. Learned counsel for the applicants submits that the parties have amicably settled their dispute out of Court and have entered into compromise. After which they have decided to live separately. In this regard, compromise deed has been moved before the Court concerned, wherein it has been mentioned that the parties have decided to live separately and do not want to proceed with the case. Copy of aforesaid compromise deed has been annexed as Annexure No.4 to this application. He further submits that no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the 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. Learned A.G.A. does not dispute the correctness of the submissions made by the learned counsel for the applicants. Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of the above, the parties are directed to appear before the court below along with copy of compromise deed as well as certified copy of this order for verification of the same. 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, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of two months or till verification of compromise between the parties by the Court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of. Order Date :- 17.2.2025 Rahul.

Applicant :- Mohd Sharukh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Byas Kumar Prasad,Pradeep Kumar Keshri Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Pradeep Kumar Keshri, learned counsel for the applicants and learned A.G.A. for the State and perused the record. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 04.01.2022 as well as entire proceedings of Case No.3974 of 2022 (State Vs. Shahrukh), arising out of Case Crime No. 220 of 2021, under Sections 498A, 406 I.P.C., Police Station Rakabganj, District Agra, pending in the Court of Chief Judicial Magistrate, Agra in pursuance of compromise deed dated 20.03.2023. On 15.10.2024, the following order was passed:- "1. Heard Mr. Byas Kumar Prasad, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 04.01.2022 as well as entire proceedings of Case No.3974 of 2022 (State Vs. Shahrukh), arising out of Case Crime No. 220 of 2021, under Sections 498A, 406 I.P.C., Police Station Rakabganj, District Agra, pending in the Court of Chief Judicial Magistrate, Agra in pursuance of compromise deed dated 20.03.2023.

3. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties. 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 applicants 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.

4. Learned AGA does not dispute the correctness of the submissions made by the learned counsel for the applicants.

5. 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.

6. 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 within a two week from today. 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?

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

8. Put up this case on 13.11.2024, as fresh.

9. Till then, no coercive measure shall be taken against the applicants in the aforesaid case." As the parties could not appear before the Court concerned, therefore, on 13.11.2024 the following order was passed:- "1. Heard Mr. Byas Kumar Prasad, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 04.01.2022 as well as entire proceedings of Case No.3974 of 2022 (State Vs. Shahrukh), arising out of Case Crime No. 220 of 2021, under Sections 498A, 406 I.P.C., Police Station Rakabganj, District Agra, pending in the Court of Chief Judicial Magistrate, Agra in pursuance of compromise deed dated 20.03.2023.

3. Learned counsel for the applicants submits that due to personal difficulties the parties could not appear before the trial court within stipulated period as directed by this Court vide order dated 15.10.2024, therefore, time may be granted to the parties to appear before the court concerned for verification of the compromise.

4. 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?

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

6. Put up this case on 13.12.2024, as fresh.

7. Till then, no coercive measure shall be taken against the applicants in the aforesaid case." In compliance of the aforementioned orders, report received from Additional Chief Judicial Magistrate, Court No.1, Agra indicated about the fact that parties did not appear before the Court concerned for verification of the compromise. On 31.01.2025, compromise verification report was awaited. Today, as per the office report dated 15.02.2025, compromise verification report is awaited. Learned counsel for the applicants submits that the parties have amicably settled their dispute out of Court and have entered into compromise. After which they have decided to live separately. In this regard, compromise deed has been moved before the Court concerned, wherein it has been mentioned that the parties have decided to live separately and do not want to proceed with the case. Copy of aforesaid compromise deed has been annexed as Annexure No.4 to this application. He further submits that no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the 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. Learned A.G.A. does not dispute the correctness of the submissions made by the learned counsel for the applicants. Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of the above, the parties are directed to appear before the court below along with copy of compromise deed as well as certified copy of this order for verification of the same. 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, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of two months or till verification of compromise between the parties by the Court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of. Order Date :- 17.2.2025 Rahul.