Ritesh Kumar vs State Of U.P. And Another
2023 Latest Caselaw 18976 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:147765
 
Court No. - 88
 

 
Case :- APPLICATION U/S 482 No. - 24315 of 2023
 

 
Applicant :- Ritesh Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Alok Kumar Tiwari
 
Counsel for Opposite Party :- G.A.,Shiv Lal
 

 
Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State, learned counsel for the opposite party no.2 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the criminal proceedings of Case No. 180 of 2018 (State Vs. Ritesh Kumar), under Sections 498A, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Alinagar, District Chandauli pending in the court of Civil Judge (Junior Division)/FTC-I, Chandauli on the basis of compromise deed dated 06.08.2022.

It is submitted by learned counsel for the applicant that applicant is husband of opposite party no. 2. Marriage of the applicant was solemnized with opposite party no. 2 on 18.05.2014 but their marriage was not successful, as a result thereof, on account of acrimonious relation, opposite party no. 2 lodged the impugned F.I.R. on 14.07.2017 against the applicant and his family members. Investigating Officer after investigation submitted charge-sheet on 14.03.2018, on which, the Magistrate concerned took cognizance. Thereafter, the applicant has been granted bail. It is further submitted that the parties concerned have filed a petition for divorce by mutual consent under Section 13B of Hindu Marriage Act before the Court of Principal Judge, Family Court, Central District, Tis Hazari Court, Delhi, which has been allowed by the judgment and decree dated 10.01.2023 in H.M.A. No. 2094 of 2022. It is also submitted that the matrimonial dispute between the parties concerned have been amicably settled and a compromise deed has been prepared but no compromise application has yet been filed before the concerned court below, where criminal proceeding is pending against the applicant and requested to allow the applicant to move compromise application before the concerned court below.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court.

On the request made by learned counsel for the applicant three weeks time is allowed to the applicant to file compromise application before the concerned court below.

Accordingly, this application is disposed of with a direction to the court concerned that in case such compromise application is filed by the applicant before it within aforesaid period, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings.

Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicant in the aforesaid case.

Order Date :- 25.7.2023

Shubham