Others v. State of U.P. and Another) wherein on
Case Details
Court No. - 83 Case :- APPLICATION U/S 482 No. - 25833 of 2022 Applicant :- Imran Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
Heard Mr. Surendra Kumar Tripathi, learned counsel for the applicant, Mr. Amit Singh Chauhan, learned AGA for the State and perused the records. This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No. 53924 of 2021 (State Vs. Imran Khan and Others), arising out of Case Crime No.0041 of 2021, under Sections 498A, 323 I.P.C. and Section 3/4 of D.P. Act and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, P.S. Mahila Thana, District- Agra, pending in the court of Chief Judicial Magistrate, Agra on the basis of compromise entered between the parties concerned. Learned counsel for the applicants submits that earlier the applicants approached before this Court by means of filing an application U/S 482 No. - 6653 of 2022 (Imran Khan And 2 Others vs. State of U.P. and Another) wherein on 06.07.2022, the following order was passed:- "Mr. D.K. Patel, learned counsel has filed his vakalatnama on behalf of the opposite party no.2 today in the court today, which is taken on record. Heard Mr. Surendra Kumar Tripathi, learned counsel for the applicants, Mr. D.K. Patel, learned counsel for the opposite party no.2 and Mr. Pankaj Srivastava, learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.53924 of 2021 (State vs. Imran Khan & others), arising out of Case Crime No.0041 of 2021, under Sections 498A, 323 IPC and section 3/4 of D.P. Act and 4 of Muslim Women (Protection of Rights on marriage) Act 2019, Police Station-Mahila Thana, District- Agra, pending in the Court of Chief Judicial Magistrate, Agra. Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, copy of compromise deed has been annexed as Annexure no.3 to this application. Therefore, 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. Learned AGA, 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, both the parties are directed to appear before the court below along with compromise deed as well as certified copy of this order within two weeks 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, 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 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? The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
Decision
With the aforesaid directions, this application is finally disposed of." In compliance of the aforesaid order dated 06.07.2022, the concerned court below has verified the compromise deed vide order dated 03.08.2022 in the presence of parties alongwith their counsel, certified copy of the said order dated 03.08.2022 has been annexed as Annexure no.5 to this application. 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. Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicants. Before proceeding any further it shall be apt to make a brief reference to the following cases:-