Allahabad High Court
Babu Vikram Singh And 5 Others vs State Of U.P. And Another on 15 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:164040
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 181 of 2019
Babu Vikram Singh And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Shiva Kant Srivastava
Counsel for Opposite Party(s)
:
G.A., Satish Chandra Sinha
Court No. - 75
HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Pradeep Chauhan along with Shiva Kant Srivastava learned counsel for the applicants and Sri S.K. Singh, learned AGA and Sri Satish Chandra Singh, learned counsel for the opposite party no.2.
2. Learned counsel for the applicants has submitted that Sri Kailash Singh son of late Lalta Singh (Father-in-law) applicant no.2 has expired
3. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the Charge sheet dated 18.5.2018 in Case No.1888 of 2018 (State Vs. Babu Vikram Singh and others) arising out of Case Crime No.06 of 2018 under Sections 323, 504, 506, 498A IPC & 3/4 of the D.P. Act, Police Station-Suhawal, District Ghazipur pending in the Court of Chief Judicial Magistrate, Ghazipur as well as cognizance order dated 15.6.2018.
4. This Court on 11.1.2019 proceeding to pass the following order:- "Heard learned counsel for the applicants and the learned AGA for the State.
This application has been filed for quashing the charge-sheet dated 18 May 2018 in Case No.1888 of 2018 (State v. Babu Vikram Singh & Ors.) arising out Case Crime No.06 of 2018 under Sections 323, 504, 506, 498A, I.P.C. and 3/4 D.P. Act, Police Station Suhawal, District Ghazipur pending in the Court of Chief Judicial Magistrate, Ghazipur as well as cognizance order dated 15 June 2018 with a further prayer to stay the proceedings of the aforesaid Case No.1888 of 2018. The contention of the learned counsel for the applicants is that the opposite party no.2 lodged an FIR alleging that the applicants were harassing and torturing her continuously for dowry and that on 29 January 2018 they had come to her parental house, beat and abused her and her father and snatched the baby child. It is stated that no medical examination of the opposite party no.2 was conducted. However, it is stated that since the dispute is essentially matrimonial in nature and there is likelihood of the parties entering into a compromise, the matter may be referred to the Allahabad High Court Mediation and Conciliation Centre (AHCMCC). In the facts and circumstances and without entering into the merits of the case, the Court directs that in case the applicants deposit a sum of Rs.20,000/- with the AHCMCC within ten working days, the matter shall be sent to the AHCMCC within a week thereafter. The AHCMCC shall thereafter issue notice to the opposite party no.2 and efforts should be made to conduct and conclude the mediation proceedings within a period of two months thereafter. For a period of three months from today, no coercive steps shall be taken against the applicants in the aforesaid case. It is, however, being made clear that in case the applicants fail to deposit the sum of Rs.20,000/- within the time stipulated in this order, the interim relief granted by this Court shall stand automatically vacated and no extension of time shall be granted in this regard. When the opposite party no.2 appears before the AHCMCC in mediation proceedings, she shall be paid a sum of Rs.15,000/- as per rules for her expenses. List this matter before the appropriate Bench after three months with the report of the AHCMCC."
5. Thereafter on 6.10.2023 the following order was passed:- ?Supplementary affidavit filed by the applicant is taken on record.
Instant matter is arising out of matrimonial discord. During pendency of the instant matter, both the parties have settled their dispute and entered into compromise dated 25.05.2023. Certified copy of the compromise application dated 25.05.2023 is filed as Annexure No.2 to the supplementary affidavit. Order-sheet of court below dated 25.05.2023, reveals that learned court has acknowledged the finding of compromise (Paper No.19-B). It is urged that on the basis of the said compromise, instant application may be decided finally. In this conspectus, as above, learned court concerned before whom compromise application dated 19.05.2023 (Paper No.19-B) has been filed by the parties shall verify the said compromise in presence of both the parties and submit a verification report within a period of one month from the date of appearance of the parties, who are hereby directed to appear before the court below on 30/31.10.2023. List this matter on 06.12.2023 along with the verification report, if any, submitted by the learned trial court concerned. Interim order, if any, is extended till the next date of listing.?
6. There is an office report dated 12.9.2025 that the report of the C.J.M. has been received. The Court finds that on 10.2.2025 there is a report of Chief Judicial Magistrate, Ghazipur mentioning therein that on 17.10.2024 the parties who have entered into compromise and verification has been done.
7. Learned counsel for the applicants submits that nothing remains to be further proceeded since the parties have been compromised and verification has been done.
8. Learned AGA as well as learned counsel for the opposite parties have no objection to the same.
9. Considering the submissions so made across the bar and looking into the fact that the parties have entered into compromise and the same stands verified and in view of the judgment of Gian Singh vs State of Punjab & another: (2012) 10 SCC 303 and State of Madhya Pradesh Vs. Laxmi Narayan: Criminal Appeal No. 349 of 2019, nothing remains to be further proceeded with.
10. Accordingly, the application is allowed.
11. The proceedings of Case No.1888 of 2018 (State Vs. Babu Vikram Singh and others) arising out of Case Crime No.06 of 2018 under Sections 323, 504, 506, 498A IPC & 3/4 of the D.P. Act, Police Station-Suhawal, District Ghazipur pending in the Court of Chief Judicial Magistrate, Ghazipur as well as cognizance order dated 15.6.2018 be quashed against applicants no. 1, 3, 4, & 5.
12. Passing of the present order may not preclude the opposite party no.2 to file an appropriate application in case she is aggrieved.
(Vikas Budhwar,J.)
September 15, 2025
piyush
