Abhay Singh Bhadauriya And 4 ... vs State Of U.P. And Another
2022 Latest Caselaw 20824 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 40599 of 2022
 

 
Applicant :- Abhay Singh Bhadauriya And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Preet Pal Singh Rathore
 
Counsel for Opposite Party :- G.A.,Piush Verma,Rajkumar Verma
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicant, learned AGA for the State as well as Shri Raj Kumar Verma, learned counsel for the informant.

Learned counsel for the applicants submits that the dispute between the applicants and the opposite party No. 2 have been amicably settled outside the Court by way of settlement. He submits that both the applicant no. 1 and respondent no. 2 have filed petition under section 13B Hindu Marriage Act and in Para no. 3 of the said application, it has been agreed between them that all the dispute pending against each other before various courts shall be settled. He prays that in view of above, learned trial court be directed to verify the compromise entered into between the parties. It is further submitted that since the dispute has been settled outside the Court by the parties, the proceedings impugned be quashed in view of the judgment of Supreme Court in the case of "Parbatbhai Aahir Vs. State of Gujarat" reported in "(2017) 9 SCC 641".

Learned counsel for respondent no. 2 as well as learned A.G.A. concede the argument of learned counsel for the applicants.

Learned A.G.A. as well as the learned counsel for the opposite party No. 2 have no objection if the proceedings are quashed provided the compromise is first verified by the competent Court.

In view of the above, the petition is disposed of with the consent of the parties, giving liberty to the applicants and respondent no. 2 to enter into a fresh compromise and appear before the learned trial court on 11.01.2023 along with the copy of original compromise deed, if not already filed before it, and the learned trial court shall verify the compromise in presence of the parties or their counsels within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties.

For a period of three months, the proceedings in respect of Charge Sheet No.01 dated 8.4.2022 (Annexure No.1) its cognizance order dated 15.10.2022 (Annexure No.2) taken by the C.J. (J.D.) F.T.C. CAW, Fatehpur in Case No. 32776 of 2022 (arising out from case crime No. 89/2021) U/s 498A, 323, 504 I.P.C. & 3/4 D.P. Act Police Station Zafarganj, District Fatehpur shall be kept in abeyance.

Liberty to the parties is granted to approach this Court again for quashing of the proceedings on the basis of compromise and its verification.

Office is directed to return the original compromise to learned counsel for the petitioners as per Rules of the Court in case it has been filed here.

Order Date :- 13.12.2022

Bhanu