High Court · 2025

The supplementary affidavit filed in the Court today is rejected. It is after taking note of paragraph 6 of the same and also the order dated 16.06.2025 passed by this Court in this petition earlier. In paragraph 6 of the supplementary affidavit, it has been averred that this Court vide order dated 16.06.2025 has directed to file compromise deed, which was executed between the deponent of the present case, though, a perusal of the order dated 16.06.2025 indicates that learned counsel for the petitioner had prayed for and was granted time to file supplementary affidavit annexing therein the compromise, which was executed between the deponent of the present case. Heard Sri Dhanush Dhari Prasad Singh, learned counsel for the petitioner and Sri Vinay Kumar Shahi, learned AGA for the State of U.P. as well as perused the record. The instant petition has been preferred seeking following main relief(s):- "(i) Issue a writ order or direction in the nature of Habeas Corpus and calling upon the opposite party No. 1 to 3 to produce the detenue before this Hon'ble Court for protecting the life and liberty of the detenue from the illegal custody of the opposite party no. 4 and given the care and custody of detenue to the petitioner, who is the natural guardian as father of the detenue in the interest of justice. (ii) Issue a writ order or direction of the appropriate nature by directing the opposite parties to provide the custody of the detenue to the petitioner being the natural guardian /father of the detenue and is only natural guardian of the deteune, in the interest of justice." It appears from the record that on account of matrimonial discord, an FIR registered as Case Crime No. 0666/2023 was lodged by Smt. Charu Singh D/o opposite party No. 4/Rajesh Singh and W/o petitioner/Abhay Singh making allegations therein so as to attract the offences as indicated under Sections- 498- A, 323, 504, 506 IPC and Section- 3/4 D.P. Act at Police Station- Thakurganj, District- Lucknow. It is also apparent from the record that from the date of lodging of FIR till signing of compromise, detenue/Km. Aavya Singh, a female minor aged about 6 years, as indicated in this petition, was in the custody of her mother namely Smt. Charu Singh W/o petitioner/Abhay Singh. This compromise was signed on 20.09.2024. It is also apparent from the record that for the purposes of quashing of criminal proceedings arising out of Case Crime No. 0666/2023, an Application U/S 482 No. 7941 of 2024 (Abhay Singh and two others vs. State of U.P. and another) was filed before this Court and this application was disposed of finally vide order dated 11.09.2024 with a direction to the parties to appear before the court concerned for the purposes of verification of the compromise and the court concerned was also directed to verify the compromise entered into between the parties. The order dated 11.09.2024 on reproduction reads as under:- "Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Brijendra Pal Singh, Advocate who has put in appearance and filed his vakalatnama on behalf of opposite party No.2, which is taken on record. Instant application has been filed for quashing the impugned charge sheet in Case No. 73417/2024, arising out of Case Crime No. 0666/2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station- Thakurganj, District- Lucknow. Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed 10.09.2024, duly signed by the parties, is annexed as Annexure No. SA-1 to the supplementary affidavit filed today which is taken on record. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicants to approach this Court again for quashing of the proceedings of the aforesaid case. (vi) Office is directed to provide original compromise to the counsel for the applicants annexed with the present application, if any, after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicants in the aforesaid case." It further appears from the record that after the aforesaid, Smt. Charu Singh left her matrimonial home alongwith minor/detenue/Km. Aavya Singh and as per the allegations levelled in the instant petition, she is living with one Saurabh Singh alias Tinku and to establish the fact that the minor is in the custody of opposite party No. 4/Rajesh Singh, no evidence has been placed before this Court except a report annexed as Annexure No. 4 to the instant petition signed by Abhishek Kumar Pandey, Police Officer of Police Station- Thakurganj, District- Lucknow, as per which, opposite party No. 4/Rajesh Singh was making frivolous complaints for the purposes of getting the custody of his daughter namely Smt. Charu Singh and the minor/detenue/Km. Aavya Singh. Taking note of the aforesaid, this Court finds that the present petition is a frivolous petition and the custody of minor is not illegal, as she, prima facie, is with her mother. The instant petition is accordingly dismissed with liberty to the petitioner to avail remedy available under law including under Guardian and Wards Act, 1890. Order Date :- 4.7.2025 Arun/- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

The supplementary affidavit filed in the Court today is rejected. It is after taking note of paragraph 6 of the same and also the order dated 16.06.2025 passed by this Court in this petition earlier. In paragraph 6 of the supplementary affidavit, it has been averred that this Court vide order dated 16.06.2025 has directed to file compromise deed, which was executed between the deponent of the present case, though, a perusal of the order dated 16.06.2025 indicates that learned counsel for the petitioner had prayed for and was granted time to file supplementary affidavit annexing therein the compromise, which was executed between the deponent of the present case. Heard Sri Dhanush Dhari Prasad Singh, learned counsel for the petitioner and Sri Vinay Kumar Shahi, learned AGA for the State of U.P. as well as perused the record. The instant petition has been preferred seeking following main relief(s):- "(i) Issue a writ order or direction in the nature of Habeas Corpus and calling upon the opposite party No. 1 to 3 to produce the detenue before this Hon'ble Court for protecting the life and liberty of the detenue from the illegal custody of the opposite party no. 4 and given the care and custody of detenue to the petitioner, who is the natural guardian as father of the detenue in the interest of justice. (ii) Issue a writ order or direction of the appropriate nature by directing the opposite parties to provide the custody of the detenue to the petitioner being the natural guardian /father of the detenue and is only natural guardian of the deteune, in the interest of justice." It appears from the record that on account of matrimonial discord, an FIR registered as Case Crime No. 0666/2023 was lodged by Smt. Charu Singh D/o opposite party No. 4/Rajesh Singh and W/o petitioner/Abhay Singh making allegations therein so as to attract the offences as indicated under Sections- 498- A, 323, 504, 506 IPC and Section- 3/4 D.P. Act at Police Station- Thakurganj, District- Lucknow. It is also apparent from the record that from the date of lodging of FIR till signing of compromise, detenue/Km. Aavya Singh, a female minor aged about 6 years, as indicated in this petition, was in the custody of her mother namely Smt. Charu Singh W/o petitioner/Abhay Singh. This compromise was signed on 20.09.2024. It is also apparent from the record that for the purposes of quashing of criminal proceedings arising out of Case Crime No. 0666/2023, an Application U/S 482 No. 7941 of 2024 (Abhay Singh and two others vs. State of U.P. and another) was filed before this Court and this application was disposed of finally vide order dated 11.09.2024 with a direction to the parties to appear before the court concerned for the purposes of verification of the compromise and the court concerned was also directed to verify the compromise entered into between the parties. The order dated 11.09.2024 on reproduction reads as under:- "Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Brijendra Pal Singh, Advocate who has put in appearance and filed his vakalatnama on behalf of opposite party No.2, which is taken on record. Instant application has been filed for quashing the impugned charge sheet in Case No. 73417/2024, arising out of Case Crime No. 0666/2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station- Thakurganj, District- Lucknow. Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed 10.09.2024, duly signed by the parties, is annexed as Annexure No. SA-1 to the supplementary affidavit filed today which is taken on record. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicants to approach this Court again for quashing of the proceedings of the aforesaid case. (vi) Office is directed to provide original compromise to the counsel for the applicants annexed with the present application, if any, after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicants in the aforesaid case." It further appears from the record that after the aforesaid, Smt. Charu Singh left her matrimonial home alongwith minor/detenue/Km. Aavya Singh and as per the allegations levelled in the instant petition, she is living with one Saurabh Singh alias Tinku and to establish the fact that the minor is in the custody of opposite party No. 4/Rajesh Singh, no evidence has been placed before this Court except a report annexed as Annexure No. 4 to the instant petition signed by Abhishek Kumar Pandey, Police Officer of Police Station- Thakurganj, District- Lucknow, as per which, opposite party No. 4/Rajesh Singh was making frivolous complaints for the purposes of getting the custody of his daughter namely Smt. Charu Singh and the minor/detenue/Km. Aavya Singh. Taking note of the aforesaid, this Court finds that the present petition is a frivolous petition and the custody of minor is not illegal, as she, prima facie, is with her mother. The instant petition is accordingly dismissed with liberty to the petitioner to avail remedy available under law including under Guardian and Wards Act, 1890. Order Date :- 4.7.2025 Arun/- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench