High Court · 2025

1. Heard Mr. Mohd. Samiuzzaman Khan, learned counsel for the applicants, Mr. S.K. Singh, learned AGA for the State and Mr. Wadood, learned counsel for opposite party No.2.

2. This Court on 08.10.2021 proceeded to pass the following order: "Heard learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record. Learned counsel for the applicants submitted that all the applicants have been falsely implicated in this case. He further contended that this is a family dispute and there are chances of compromise between the parties hence matter may be referred to the Allahabad High Court Mediation Centre. Let notice be issued to opposite party no.2 (Shaheena Parveen) by registered post as well as ordinary mode directing her to appear before the Mediation Centre of Allahabad High Court for mediation between the parties. Steps be taken within 15 days. For meeting out her expenses, applicant no. 1 is directed to deposit an amount of Rs.20,000/- within 15 days from today at Mediation Centre, out of which the amount of Rs.15,000/- shall be paid to opposite party no. 2 when she appears before the Mediation Centre on the date fixed and the remaining amount shall go to the Mediation Centre, Allahabad High Court. It is made clear that notice shall be issued to opposite party no. 2 only after deposition of aforesaid amount by the applicant at Mediation Centre. The Mediation Centre shall, thereafter, submit its report within two months. List after two months. Till the next date of listing, further proceedings of Case No. 809 of 2021(State v. Manzoor Ahmad) arising out of Case Crime No. 465 of 2020, under Section 323, 504, 506 & 498-A of I.P.C. & Section 3/4 of Dowry Prohibition Act 1961, Police Station Kopaganj, District Mau and charge sheet no. 01 of 2020 dated 12.10.2020 as well as cognizance order dated 04.02.2021 and summoning order dated 04.02.2021 pending in the court of Judicial Magistrate (Junior Division), F.T.C. Court No. 2 (Offence against Women), District Mau, shall remain stayed. In case, the amount which is directed above, is not deposited, the interim order shall automatically stand vacated. "

3. Thereafter this Court on 04.12.2023 proceeded to pass the following order: "1. Respondent no.2 has filed short counter affidavit annexing certified copy of the compromise dated 21.08.2023 supported by an affidavit as Annexure SCA-1. It is submitted that aforesaid compromise application has been filed before the trial court, therefore, instant matter may be decided on the basis thereof.

2. Learned counsel for opposite party no.2 has nodded the factum of compromise and urged to decide the instant application on the basis thereof.

3. In this conspectus as above, learned trial court, before whom compromise application dated 21.08.2023 has been filed, as mentioned above, is hereby directed to verify the compromise in the presence of both the parties, after recording their statement, and submit his verification report before this Court within one month from the date of appearance of the parties who are hereby directed to appear before the court concerned within a period of three weeks from today.

4. List this matter on 02.02.2024 along with verification report, if any, filed by the court concerned.

5. Interim order, granted earlier, is extended till the next date of listing. "

4. Thereafter this Court on 23.10.2024 proceeded to pass the following order: "1. Heard learned counsel for the applicants, learned A.G.A. as well as learned counsel for opposite party no.2 and perused the record.

2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the impugned charge sheet No.01 of 2020 dated 12.10.2020 and cognizance/summoning order dated 04.02.2021 as well as entire criminal proceeding of Case No.809 of 2021 arising out of Case Crime No.465 of 2020 under Sections 323, 504, 506 and 498A I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station - Kopaganj, District Mau, pending in the Court of Judicial Magistrate (Junior Division) F.T.C. Court No.2 (Offence against Women), Mau.

3. As per the report dated 22.5.2024 sent by In-charge Chief Judicial Magistrate, Fast Track Court, Mau both the parties were not appeared before the court below for getting the compromise verified in pursuance of the order passed by this Court.

4. Learned counsel for parties have prayed for and granted further time to appear before the concerned court below in pursuance of previous order passed by this Court.

5. In this conspectus, as above, both the parties are directed to appear before the Court concerned along with the copy of the compromise on 13/14.11.2024 to get their compromise verified. After receiving the said compromise, learned trial court is expected to verify the same in presence of both the parties after recording their statements and submit a verification report before this court within a period of one month from the date of appearance of the parties.

6. List this matter on 19.12.2024 along with compromise verification report, if any.

7. Till the next date of listing, interim order, if any, is extended. "

5. There is a report of Chief Judicial Magistrate, Mau dated 17.12.2024 and the report dated 16.12.2024 of Civil Judge (J.D.)/ FTC, Mau showing the fact that the parties have compromised and the same stands verified.

6. Learned counsel for the applicants submits that there is nothing remains to be further adjudicated.

7. Learned AGA for the State as well as learned counsel appearing for the opposite party no.2 do not dispute the said fact.

8. Considering the submission of the parties and stand taken by them, the application stands allowed.

9. The proceeding of entire Criminal Case No. 809 of 2021 (State vs. Manzoor Ahmad) arising out of case crime no. 465 of 2020, under Sections 323, 504, 506, 498A IPC & Sectin 3/4 D.P. Act, P.S. Kopaganj District Mau and charge sheet dated 12.10.2020 as well as cognizance order dated 04.02.2021 pending in the court of Judicial Magistrate (J.D.)/ FTC/ Judicial Magistrate, court no.2 Mau are hereby quashed. Order Date :- 11.3.2025 C. MANI (Vikas Budhwar,J.) CHANDRAMANI VERMA CHANDRAMANI VERMA High Court of Judicature at Allahabad High Court of Judicature at Allahabad

1. Heard Mr. Mohd. Samiuzzaman Khan, learned counsel for the applicants, Mr. S.K. Singh, learned AGA for the State and Mr. Wadood, learned counsel for opposite party No.2.

2. This Court on 08.10.2021 proceeded to pass the following order: "Heard learned counsel for the applicants, learned A.G.A. appearing for the State and perused the record. Learned counsel for the applicants submitted that all the applicants have been falsely implicated in this case. He further contended that this is a family dispute and there are chances of compromise between the parties hence matter may be referred to the Allahabad High Court Mediation Centre. Let notice be issued to opposite party no.2 (Shaheena Parveen) by registered post as well as ordinary mode directing her to appear before the Mediation Centre of Allahabad High Court for mediation between the parties. Steps be taken within 15 days. For meeting out her expenses, applicant no. 1 is directed to deposit an amount of Rs.20,000/- within 15 days from today at Mediation Centre, out of which the amount of Rs.15,000/- shall be paid to opposite party no. 2 when she appears before the Mediation Centre on the date fixed and the remaining amount shall go to the Mediation Centre, Allahabad High Court. It is made clear that notice shall be issued to opposite party no. 2 only after deposition of aforesaid amount by the applicant at Mediation Centre. The Mediation Centre shall, thereafter, submit its report within two months. List after two months. Till the next date of listing, further proceedings of Case No. 809 of 2021(State v. Manzoor Ahmad) arising out of Case Crime No. 465 of 2020, under Section 323, 504, 506 & 498-A of I.P.C. & Section 3/4 of Dowry Prohibition Act 1961, Police Station Kopaganj, District Mau and charge sheet no. 01 of 2020 dated 12.10.2020 as well as cognizance order dated 04.02.2021 and summoning order dated 04.02.2021 pending in the court of Judicial Magistrate (Junior Division), F.T.C. Court No. 2 (Offence against Women), District Mau, shall remain stayed. In case, the amount which is directed above, is not deposited, the interim order shall automatically stand vacated. "

3. Thereafter this Court on 04.12.2023 proceeded to pass the following order: "1. Respondent no.2 has filed short counter affidavit annexing certified copy of the compromise dated 21.08.2023 supported by an affidavit as Annexure SCA-1. It is submitted that aforesaid compromise application has been filed before the trial court, therefore, instant matter may be decided on the basis thereof.

2. Learned counsel for opposite party no.2 has nodded the factum of compromise and urged to decide the instant application on the basis thereof.

3. In this conspectus as above, learned trial court, before whom compromise application dated 21.08.2023 has been filed, as mentioned above, is hereby directed to verify the compromise in the presence of both the parties, after recording their statement, and submit his verification report before this Court within one month from the date of appearance of the parties who are hereby directed to appear before the court concerned within a period of three weeks from today.

4. List this matter on 02.02.2024 along with verification report, if any, filed by the court concerned.

5. Interim order, granted earlier, is extended till the next date of listing. "

4. Thereafter this Court on 23.10.2024 proceeded to pass the following order: "1. Heard learned counsel for the applicants, learned A.G.A. as well as learned counsel for opposite party no.2 and perused the record.

2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the impugned charge sheet No.01 of 2020 dated 12.10.2020 and cognizance/summoning order dated 04.02.2021 as well as entire criminal proceeding of Case No.809 of 2021 arising out of Case Crime No.465 of 2020 under Sections 323, 504, 506 and 498A I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station - Kopaganj, District Mau, pending in the Court of Judicial Magistrate (Junior Division) F.T.C. Court No.2 (Offence against Women), Mau.

3. As per the report dated 22.5.2024 sent by In-charge Chief Judicial Magistrate, Fast Track Court, Mau both the parties were not appeared before the court below for getting the compromise verified in pursuance of the order passed by this Court.

4. Learned counsel for parties have prayed for and granted further time to appear before the concerned court below in pursuance of previous order passed by this Court.

5. In this conspectus, as above, both the parties are directed to appear before the Court concerned along with the copy of the compromise on 13/14.11.2024 to get their compromise verified. After receiving the said compromise, learned trial court is expected to verify the same in presence of both the parties after recording their statements and submit a verification report before this court within a period of one month from the date of appearance of the parties.

6. List this matter on 19.12.2024 along with compromise verification report, if any.

7. Till the next date of listing, interim order, if any, is extended. "

5. There is a report of Chief Judicial Magistrate, Mau dated 17.12.2024 and the report dated 16.12.2024 of Civil Judge (J.D.)/ FTC, Mau showing the fact that the parties have compromised and the same stands verified.

6. Learned counsel for the applicants submits that there is nothing remains to be further adjudicated.

7. Learned AGA for the State as well as learned counsel appearing for the opposite party no.2 do not dispute the said fact.

8. Considering the submission of the parties and stand taken by them, the application stands allowed.

9. The proceeding of entire Criminal Case No. 809 of 2021 (State vs. Manzoor Ahmad) arising out of case crime no. 465 of 2020, under Sections 323, 504, 506, 498A IPC & Sectin 3/4 D.P. Act, P.S. Kopaganj District Mau and charge sheet dated 12.10.2020 as well as cognizance order dated 04.02.2021 pending in the court of Judicial Magistrate (J.D.)/ FTC/ Judicial Magistrate, court no.2 Mau are hereby quashed. Order Date :- 11.3.2025 C. MANI (Vikas Budhwar,J.) CHANDRAMANI VERMA CHANDRAMANI VERMA High Court of Judicature at Allahabad High Court of Judicature at Allahabad