State of U.P. and Another v. Party

1. Heard Sri Vipul Babu Sharma (A/V 1476/2023) holding brief of Sri Razeen Ali, learned counsel for the applicants and Sri S.K. Singh, learned A.G.A. for the State as well as Sri Ayan Ahmad, holding brief of Sri Sunil Kumar Chaudhary, counsel for the opposite party no. 2.

2. The applicants herein has filed the present application u/s 482 Cr.P.C. has been filed by the applicants with a prayer to quash the impugned chargesheet dated 20.05.2018 arising out of Case Crime No.08 of 2018 and proceedings of Case No.2080 of 2018 (State vs. Mohd.Irfan Ansari and others), under sections 498A, 323, 504, 506 I.P.C & 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Jhansi, pending in the court of Judicial Magistrate-Ist, Jhansi.

3. This Court on 15.03.2019 proceeded to pass the following orders: "Vakalatnama filed by Sri Sunil Kumar (Choudhary), Advocate, on behalf of opposite party no.2, is taken on record. Heard learned counsel for the applicants and Sri Sunil Kumar (Choudhary), learned counsel for the opposite party no.2 and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties. This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the impugned chargesheet dated 20.05.2018 arising out of Case 2 A482 No. 10295 of 2019 Crime No.08 of 2018 and proceedings of Case No.2080 of 2018 (State vs. Mohd.Irfan Ansari and others), under sections 498A, 323, 504, 506 I.P.C & 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Jhansi, pending in the court of Judicial Magistrate-Ist, Jhansi. It is submitted by the learned counsel for the applicants that:- (i) the applicant no.1 is husband, applicant no.2 is father-in-law and applicant no.3 is mother-in-law of the opposite party no.2 (wife of the applicant no.1). (ii) on 21.02.2018, opposite party no.2 lodged F.I.R, registered as Case no.2080 of 2018, under sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act against the applicants and three other co-accused persons but after investigation charge-sheet has been submitted only against the applicants. (iii) after submission of the charge-sheet, dispute between the parties concerned has amicably settled and pursuant thereto an application was moved before the trial court to drop the proceedings on the basis of settlement between the parties concerned but the same has been rejected. (iv) In view of above, it is submitted that on account of compromise between the parties concerned, impugned criminal proceeding against the applicants is liable to be quashed. The matter requires consideration. Learned Government Advocate has accepted notice on behalf of the State/opposite party no.1. Let a notice be issued to opposite party no. 2 returnable at an early date. All the opposite parties may file counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed by the applicant within two weeks thereafter. List this case after expiry of five weeks before the appropriate Bench. Till the next date of listing, no coercive action shall be taken against the applicants pursuant to chargesheet dated 20.05.2018 arising out of Case Crime No.08 of 2018 and proceedings of Case No.2080 of 2018 (State vs. Mohd. Irfan Ansari and others), under sections 498A, 323, 504, 506 I.P.C & 3/4 Dowry Prohibition Act, Police Station 3 A482 No. 10295 of 2019 Mahila Thana, District Jhansi, pending in the court of Judicial Magistrate-Ist, Jhansi with the condition as law laid down by Hon'ble Apex Court in Asian Resurfacing of Road Agency Pvt. Ltd. and other Vs. Central Bureau of Investigation decided on

28.03.2018, which reads as under :- "Situation of proceedings remaining pending for long on account of stay needs to be remedied. Remedy was required not only for corruption cases but for all civil and criminal cases where on account of stay, civil and criminal proceedings were held up. At times, proceedings were adjourned sine die on account of stay. Even after stay was vacated, intimation was not received and proceedings were not taken up. It was directed that in all pending cases where stay against proceedings of civil or criminal trial was operating, the same would come to end on expiry of six months from today unless in exceptional case by speaking order such stay was extended. In cases where stay was granted in future, same would end on expiry of six months from date of such order unless similar extension was granted by speaking order." It is made clear that in the event if the pleadings are not exchanged because of any non- cooperation of any of the contesting parties in not filing their counter version, the court would be free to pass a suitable order at the end of above mentioned upper limit of six months."

4. Learned counsel for the applicants while inviting attention towards Annexure-5 at page 51 onwards a settlement comporomise deed, reference has been made in para-16 dated 19.01.2019 and while inviting attention towards page 59, it is contended that the said application came to be rejected on the following grounds while passing the following orders: "As the offence 498A IPC is not compoundable, the application is hereby rejected."

5. Learned counsel for the applicants submits that now since the compromise stands entered into between the parties verified, thus, nothing remains to be further proceeded with.

6. Learned AGA for the State as well as counsel for the opposite party no. 2 could not dispute the fact.

7. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the court below while filing the self-attested copy of the present application 4 A482 No. 10295 of 2019 and certified copy of the order by 09.10.2025.

8. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition.

9. Till the verification of the compromise application, no coercive action shall be taken against the applicants in pursuance of impugned chargesheet dated 20.05.2018 arising out of Case Crime No.08 of 2018 and proceedings of Case No.2080 of 2018 (State vs. Mohd.Irfan Ansari and others), under sections 498A, 323, 504, 506 I.P.C & 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Jhansi, pending in the court of Judicial Magistrate-Ist, Jhansi, Sonbhadra.

10. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench.

11. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. September 19, 2025 A. Prajapati (Vikas Budhwar,J.) ASHUTOSH KUMAR PRAJAPATI ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad High Court of Judicature at Allahabad

1. Heard Sri Vipul Babu Sharma (A/V 1476/2023) holding brief of Sri Razeen Ali, learned counsel for the applicants and Sri S.K. Singh, learned A.G.A. for the State as well as Sri Ayan Ahmad, holding brief of Sri Sunil Kumar Chaudhary, counsel for the opposite party no. 2.

2. The applicants herein has filed the present application u/s 482 Cr.P.C. has been filed by the applicants with a prayer to quash the impugned chargesheet dated 20.05.2018 arising out of Case Crime No.08 of 2018 and proceedings of Case No.2080 of 2018 (State vs. Mohd.Irfan Ansari and others), under sections 498A, 323, 504, 506 I.P.C & 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Jhansi, pending in the court of Judicial Magistrate-Ist, Jhansi.

3. This Court on 15.03.2019 proceeded to pass the following orders: "Vakalatnama filed by Sri Sunil Kumar (Choudhary), Advocate, on behalf of opposite party no.2, is taken on record. Heard learned counsel for the applicants and Sri Sunil Kumar (Choudhary), learned counsel for the opposite party no.2 and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties. This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the impugned chargesheet dated 20.05.2018 arising out of Case 2 A482 No. 10295 of 2019 Crime No.08 of 2018 and proceedings of Case No.2080 of 2018 (State vs. Mohd.Irfan Ansari and others), under sections 498A, 323, 504, 506 I.P.C & 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Jhansi, pending in the court of Judicial Magistrate-Ist, Jhansi. It is submitted by the learned counsel for the applicants that:- (i) the applicant no.1 is husband, applicant no.2 is father-in-law and applicant no.3 is mother-in-law of the opposite party no.2 (wife of the applicant no.1). (ii) on 21.02.2018, opposite party no.2 lodged F.I.R, registered as Case no.2080 of 2018, under sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act against the applicants and three other co-accused persons but after investigation charge-sheet has been submitted only against the applicants. (iii) after submission of the charge-sheet, dispute between the parties concerned has amicably settled and pursuant thereto an application was moved before the trial court to drop the proceedings on the basis of settlement between the parties concerned but the same has been rejected. (iv) In view of above, it is submitted that on account of compromise between the parties concerned, impugned criminal proceeding against the applicants is liable to be quashed. The matter requires consideration. Learned Government Advocate has accepted notice on behalf of the State/opposite party no.1. Let a notice be issued to opposite party no. 2 returnable at an early date. All the opposite parties may file counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed by the applicant within two weeks thereafter. List this case after expiry of five weeks before the appropriate Bench. Till the next date of listing, no coercive action shall be taken against the applicants pursuant to chargesheet dated 20.05.2018 arising out of Case Crime No.08 of 2018 and proceedings of Case No.2080 of 2018 (State vs. Mohd. Irfan Ansari and others), under sections 498A, 323, 504, 506 I.P.C & 3/4 Dowry Prohibition Act, Police Station 3 A482 No. 10295 of 2019 Mahila Thana, District Jhansi, pending in the court of Judicial Magistrate-Ist, Jhansi with the condition as law laid down by Hon'ble Apex Court in Asian Resurfacing of Road Agency Pvt. Ltd. and other Vs. Central Bureau of Investigation decided on

28.03.2018, which reads as under :- "Situation of proceedings remaining pending for long on account of stay needs to be remedied. Remedy was required not only for corruption cases but for all civil and criminal cases where on account of stay, civil and criminal proceedings were held up. At times, proceedings were adjourned sine die on account of stay. Even after stay was vacated, intimation was not received and proceedings were not taken up. It was directed that in all pending cases where stay against proceedings of civil or criminal trial was operating, the same would come to end on expiry of six months from today unless in exceptional case by speaking order such stay was extended. In cases where stay was granted in future, same would end on expiry of six months from date of such order unless similar extension was granted by speaking order." It is made clear that in the event if the pleadings are not exchanged because of any non- cooperation of any of the contesting parties in not filing their counter version, the court would be free to pass a suitable order at the end of above mentioned upper limit of six months."

4. Learned counsel for the applicants while inviting attention towards Annexure-5 at page 51 onwards a settlement comporomise deed, reference has been made in para-16 dated 19.01.2019 and while inviting attention towards page 59, it is contended that the said application came to be rejected on the following grounds while passing the following orders: "As the offence 498A IPC is not compoundable, the application is hereby rejected."

5. Learned counsel for the applicants submits that now since the compromise stands entered into between the parties verified, thus, nothing remains to be further proceeded with.

6. Learned AGA for the State as well as counsel for the opposite party no. 2 could not dispute the fact.

7. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the court below while filing the self-attested copy of the present application 4 A482 No. 10295 of 2019 and certified copy of the order by 09.10.2025.

8. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition.

9. Till the verification of the compromise application, no coercive action shall be taken against the applicants in pursuance of impugned chargesheet dated 20.05.2018 arising out of Case Crime No.08 of 2018 and proceedings of Case No.2080 of 2018 (State vs. Mohd.Irfan Ansari and others), under sections 498A, 323, 504, 506 I.P.C & 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Jhansi, pending in the court of Judicial Magistrate-Ist, Jhansi, Sonbhadra.

10. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench.

11. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. September 19, 2025 A. Prajapati (Vikas Budhwar,J.) ASHUTOSH KUMAR PRAJAPATI ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad High Court of Judicature at Allahabad