State v. Subhash and others), arising out of Case Crime No
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 31132 of 2019 Subhash And 6 Others State of U.P. and Another Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Ali Hasan, Deepak Kumar Singh : G.A., Manish Kumar Singh, Mayank Yadav, Vivek Kumar Singh Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
Legal Reasoning
1. Heard Shri Manish Kumar Singh, learned counsel for the applicant and Shri S.P. Singh, learned State Law Officer for the State. 2. Shri Manish Kumar Singh, learned counsel for the applicant has produced before this Court a mention slip showing the service of the notice upon Shri V.K. Singh, learned counsel for the opposite party, the same is taken on record. 3. A statement has been made by Shri Manish Kumar Singh, learned counsel for the applicant submits that the applicant no. 1 Subhash s/o Late Pyare Lal, has expired on 02.09.2023. Thus, the application stands dismissed as abated against the applicant no. 1 4. This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 3.12.2018 in Criminal Case No.2249 of 2018 (State vs. Subhash and others), arising out of Case Crime No.1289 of 2018 under Sections 498A, 323, 328, 506 IPC & 3/4 DP Act, P.S.-Lisari Gate, District-Meerut, pending in the court of Additional Chief Judicial Magistrate-VI, Meerut. 5. This Court, on 13.08.2019 has passed the following order:- "Learned counsel for the applicants prays for and is allowed to implead Smt. Sonam wife of Subhash-applicant No.1, as opposite party No.3, during the course of the day. Heard learned counsel for the applicants 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 charge-sheet dated 3.12.2018 in Criminal Case No.2249 of 2018 2 A482 No. 31132 of 2019 (State vs. Subhash and others), arising out of Case Crime No.1289 of 2018 under Sections 498A, 323, 328, 506 IPC & 3/4 DP Act, P.S.-Lisari Gate, District-Meerut, pending in the court of Additional Chief Judicial Magistrate-VI, Meerut. It is submitted by the learned counsel for the applicants that this is a matrimonial dispute. Applicants are willing to settle the matter through mediation, therefore, an opportunity be granted to the parties concerned for reconciliation/settlement of their disputes by way of mediation. This Court owes a duty to the society to strain to utmost to repair the frayed relations between the husband and wife, so that wounded situation may be healed into healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties. The Apex Court in case of B.S. Joshi Vs. State of Haryana 2003 (4) SCC 675 has also observed that courts to encourage settlement of marital disputes between the contesting spouses, so that they do not lose their youthful years in chasing interminable litigations. In view of above, I agree with the submission advanced on behalf of the applicants and feel that the interest of justice would be served, if such request of the applicants is acceded to and the criminal proceedings and other litigations between the parties concerned is brought to an end. The matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 10,000/- by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In-charge Mediation and Conciliation Centre, High Court, Allahabad. After deposit of the aforesaid money by the applicant, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court. Out of aforesaid amount, a sum of Rs. 8,000/- shall be payable to the opposite party No.3 on her appearance before the Mediation and Conciliation Centre. The remaining amount of Rs. 2,000/- shall be payable to the Mediation Centre. The Mediation Centre will submit its report in the matter within two months. All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List immediately after expiry of two months before the appropriate Bench alongwith the report of Mediation and Conciliation Centre, High Court, Allahabad. Till the next date of listing, no coercive action shall be taken against the applicants pursuant to Case No.0174 of 2019 (State vs. Gautam and others), arising out of Case Crime No.08 of 2019 under Sections 498A, 323, 504, 506 IPC & 3/4 DP Act, P.S.- Mahila Thana, District-Mathura, pending in the court of Judicial Magistrate, Mathura, subject to following conditions:- (i) The applicants after deposit of aforesaid amount within the said period shall submit a proof of deposit of said amount before the concerned court below. (ii) In case, the said amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order passed by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicants." 6. There is a report of the mediation that the amount for mediation has not been deposited. 7. Learned counsel for the applicant has produced before this Court a supplementary affidavit dated 30.06.2025 sworn by the applicant no. 3 annexing therewith the compromise so entered into between the parties on 06.03.2025, a copy whereof has been annexed as SA-1 at page-8. Reference 3 A482 No. 31132 of 2019 has been made in paragraph no. 5 of the supplementary affidavit and the order of the Special Chief Judicial Magistrate, Meerut in Case No. 11032/2022, under Sections 498A, 323, 328, 506 I.P.C. and 3/4 D.P. Act that the compromise was refused to the verify the documents that the offence are not compoundable. Learned counsel for the applicant submits that once parties were entered into compromise that a direction be issued to the court below to set aside the same. 8. Considering the submissions so made across the bar, the application
Decision
stands disposed of is decided in the following manner:- (a) The order dated 06.03.2025 passed by Special Chief Judicial Magistrate, Meerut in Case No. 11032/2022, under Sections 498-A, 323, 328, 506 I.P.C. and 3/4 D.P. Act, P.S. Lisari Gate, District- Meerut (State Vs. Subhash and others) is set aside. (b) The court below is directed to verify the compromise strictly in accordance with law in the presence of the parties. (c) For facilitation certified copy of the order passed today self attested copy of present application, supplementary affidavit be filed before the court below by 17.09.2025. Till the disposal of the compromise application, no coercive action shall be taken against the applicant nos. 2 to 7 in the aforementioned case. September 4, 2025 Sharad/- (Vikas Budhwar,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad