Rahul Sharma And 2 Others v. State of U.P & Anr.
Case at a glance
Outcome
Disposed of
Therefore, the present application is disposed of with
Provisions considered
Key paragraphs
- Para 66. Therefore, the present application is disposed of with direction to the applicant to file original deed of compromise before the court of Additional Chief Judicial Magistrate, Court No.3, Ghaziabad, within a period of 15 days.
Judgment
#1. Heard Sri Ashish Rai, learned counsel for the applicants and Sri P.P. Tiwari, learned A.G.A. for the State.
#2. The present 482 Cr.P.C. application has been filed to quash the impugned summoning order dated 29.11.2022 passed by Additional Chief Judicial Magistrate, Court No.3, Ghaziabad in Complaint Case No. 4079/2021 (Smt. Aarti Sharma Vs. Rahul Sharma and others) under section 498-A, 323, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Kavi Nagar, District- Ghaziabad, as well as to quash the entire proceedings of Complaint Case No. 4079/2021, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Ghaziabad.
#3. From the perusal of order sheet, it appears that this matter was heard on 03.10.2024. On that date, learned counsel for the applicants has argued that parties have settled their dispute amicably and a compromise has been filed along with application under Section 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Ghaziabad.
#4. Considering the aforesaid submissions, this Court vide order dated 03.10.2024 directed the Principal Judge, Family Court, Ghaziabad to verify the aforesaid compromise.
#5. Learned counsel for the applicants submits that because of certain reason, the parties could not appear before the Principal Judge, Family Court, Ghaziabad. Though it is not in dispute that parties have settled their dispute amicably but this Court is of the view that in exercise of power u/s 482 Cr.P.C. (528 B.N.S.S.) or 483 Cr.P.C. (529 B.N.S.S.), this Court has jurisdiction to issue direction through a criminal case which includes sessions court as well as Magistrate but cannot issue direction to Principal Judge, Family Court hearing divorce petition.
#6. Therefore, the present application is disposed of with direction to the applicant to file original deed of compromise before the court of Additional Chief Judicial Magistrate, Court No.3, Ghaziabad, within a period of 15 days.
#7. In case such compromise is filed, the court below will verify the same after summoning the parties within the next 1 and 1/2 months.
#8. For a period of two months, no coercive action shall be taken against the applicants.
#9. It is further provided that applicants are at liberty to file fresh application u/s 528 BNSS, if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 10.3.2025 KS KISHAN SINHA High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Therefore, the present application is disposed of with
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860; Dowry Prohibition Act, 1961; Hindu Marriage Act, 1955; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528.
Which court decided this case, and when?
Allahabad High Court, on 10 Mar 2025. The bench was HINDU MARRIAGE ACT PRINCIPAL, PRINCIPAL.
Precedent status how later indexed judgments have treated this case
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