Allahabad High Court
Sujit Singh And Another vs State Of U.P. And Another on 4 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:95387
Court No. - 52
Case :- APPLICATION U/S 482 No. - 14514 of 2022
Applicant :- Sujit Singh And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anil Kumar
Counsel for Opposite Party :- Amresh Bahadur Tiwari,G.A.
Hon'ble Vikas Budhwar,J.
1. Heard Sri Anil Kumar, learned counsel for the applicants, Sri Ambrish Bahadur, learned counsel for the opposite party no.2 and Sri Omprakash Dwivedi, learned AGA for the State.
2. This is an application filed under Section 482 Cr.P.C. seeking quashing of the summoning order dated 11.09.2019, passed by Chief Judicial Magistrate, Mainpuri in Complaint Case No.1249 of 2019 (Smt. Nisha Vs. Sujit Singh), under Section 498-A, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station Kotwali, District Mainpuri as well as further proceeding of aforesaid complaint case pending before Chief Judicial Magistrate, Mainpuri on the basis of compromise.
3. This Court on 09.06.2022 proceeded to pass the following order:
"Learned counsel for the applicants is present.
State is represented through learned A.G.A.
This Criminal Misc. Application under Section 482 of Cr.P.C. has been filed to quash the summoning order dated 11.09.2019 passed by Chief Judicial Magistrate, Mainpuri in Complaint Case No. 1249 of 2019 (Smt. Nisha Vs. Sujit Singh), under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Kotwali, District Mainpuri, as well as further proceedings of aforesaid complaint case, pending before the Chief Judicial Magistrate, Mainpuri.
Learned counsel for the applicants submits that the parties have entered into a compromise as a subject matter of the dispute was matrimonial. The terms and conditions have been entered into a compromise which is annexed as Annexure No. 5 to the affidavit accompanying the present application.
Learned counsel for the opposite parties has acknowledged the aforesaid facts.
The parties shall appear before the trial court and file compromise within three weeks. Upon the said compromise being filed before the trial court, it shall after due identification, verify the compromise. The trial Judge shall forward to this Court a duly verified copy of the compromise entered into between the parties along with a copy of his order verifying the compromise which shall be before the next date fixed.
List on 28.07.2022 as fresh.
Till the next date of listing, no coercive steps shall be taken against the applicants in the aforesaid complaint case.
Office will ensure the compliance of the aforesaid order and will transmit the copy of the compromise along with copy of the order to the trial court through the concerned Session Judge within three days."
4. There is an office report dated 05.03.2025 which depicts that a communication has been received from the Judicial Magistrate, Court No.2, Mainpuri that on 02.03.2024 the compromise has been verified.
5. Learned counsel for the applicant as well as counsel appearing for the opposite party no.2 does not dispute the said fact.
6. Considering the submissions so advanced across the bar as well as the fact that compromise stood verified and bearing in mind the judgment of the Apex Court in Gian Singh v. State of Punjab and another 2012 (10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688, nothing remains to be further adjudicated, accordingly, application is allowed.
7. Entire proceedings of Complaint Case No.1249 of 2019 (Smt. Nisha Vs. Sujit Singh), under Section 498-A, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station Kotwali, District Mainpuri, pending before Chief Judicial Magistrate, Mainpuri, quashed as against the applicants.
Order Date :- 4.6.2025
S.A.
