12 Case :- APPLICATION U/S 482 No. - 5930 of 2022 & Anr. v. Vijay kumar). Police Station- Nagram, District Lucknow by which & Ors.
Case at a glance
- Decided
- 17 Jan 2025
- Bench
- SAURABH LAVANIA
- Neutral citation
- 2025:AHC-LKO:3174
Outcome
Disposed of
Considering the aforesaid, this application is disposed of finally
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Bharatiya Nagarik Suraksha Sanhita, 2023
- Indian Penal Code, 1860 ss. 323, 494, 498A, 504, 506
- Dowry Prohibition Act, 1961
Key paragraphs
- Para 55. 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…
Judgment
Heard learned counsel for the applicant(s), learned counsel for opposite party no.2, learned AGA for the State and perused the material available on record.
The present application under Section 482 Cr.P.C. now Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to set aside the impugned summoning order dated 01-01-2022 passed by the Additional Chief Judicial Magistrate fourth Lucknow, in Case No 1122/2021(State versus Vijay kumar and others). Police Station- Nagram, District Lucknow by which the petitioner have been summoned to face the trial crime No. 072/2020, U/S 498A/323/504/506/494 IPC % Dowry Prohibition Act 1961, P.S. Nagram, District Lucknow and also against the charge sheet dated 16.02.2021. contained as ANNEXURE NO. 182 to this petition. So far as it relates to the petitioners. It is further prayed that this Hon'ble court may kindly be pleased to set aside the entire proceedings of case No 1122/2021 (State versus Vijay kumar and others), U/S 498A/323/504/506/494 IPC Dowry Prohibition Act 1961 Police Station- Nagram, District Lucknow. "
Learned counsel for the applicant(s) 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, duly signed by the parties, is annexed as Annexure No.S.A.-1 to the supplementary affiavit. 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.
Operative part
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 applicant(s) to approach this Court again for quashing of the proceedings.
(vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), 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 applicant(s) in the aforesaid case. Order Date :- 17.1.2025 Anand/- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Considering the aforesaid, this application is disposed of finally
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Bharatiya Nagarik Suraksha Sanhita, 2023; Indian Penal Code, 1860 — ss. 323, 494, 498A, 504, 506; Dowry Prohibition Act, 1961.
Which court decided this case, and when?
Allahabad High Court, on 17 Jan 2025. The bench was SAURABH LAVANIA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.