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2025 DIGILAW 250 (ALL)

Usha Yadav v. State of U. P. Thru. Prin. Secy. Home Lko.

2025-02-07

SAURABH LAVANIA

body2025
JUDGMENT : Saurabh Lavania, J. 1. Heard. 2. The instant application(s) have been preferred by the applicants with a prayer to quash the entire proceeding of Criminal Case No. 72638 of 2023 (State of U.P. vs. Ram Baran Yadav and others), arising out of F.I.R./Case Crime No. 0968 of 2021, under Sections 498-A, 376, 377, 354, 323, 504 and 506 I.P.C., Police Station Chinhut, District Lucknow East (Commisionerate Lucknow) as well as charge sheet dated 12.12.2021 and summoning order dated 01.07.2023. 3. It is stated by learned counsel for the applicant(s) that the matrimonial dispute between opposite party no.2 in all the application(s) indicated above, and applicant no.2- Ram Baran Yadav,- husband of the opposite party no.2, in Application u/s 482 Cr.P.C. No. 1093 of 2025 has been settled. 4. It is further stated that applicant- Usha in APPLICATION U/S 482 No.- 1093 of 2025 is mother-in-law, applicant- Ram Karan Yadav in APPLICATION U/S 482 No. - 1275 of 2024, brother-in-law and applicant- Madan Yadav in APPLICATION U/S 482 No. - 3902 of 2024 is brother-in-law (devar) of opposite party no.2. 5. It is next submitted that the parties have amicably settled their dispute outside the Court and have entered into a compromise and compromise deed, duly signed by the parties, is annexed as Annexure No. 5 to the Application U/s 482 Cr.P.C. No. 1093 of 2025. 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 pending criminal proceedings of Case No. 72638 of 2023, arising out of Case Crime No. 0968 of 2021 are liable to be quashed. 6. 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. 7. 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. (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.