Court No. - 69

Case :- APPLICATION U/S 482 No. - 359 of 2023

Applicant :- Zaki And 3 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Mohd. Faizan

Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

List revised.

Heard Sri Mohd. Faizan, learned counsel for the applicants, Sri B.B. Upadhyay,

learned counsel for the State and perused the records.

The present application under Section 482 Cr.P.C. has been filed with the prayer

to quash the entire proceedings of Case No. 30010 of 2021 (State vs. Zaki and

others), under Sections 498A, 506 I.P.C. and 3/4 D.P. Act, arising out of Case

Crime No. 490 of 2020, Police Station Galshaheed, District Moradabad as well

as the charge sheet dated 06.1.2021, pending before the Judicial Magistrate,

Moradabad on the basis of compromise between the parties and with the further

prayer to stay the further proceedings of aforesaid case and the charge sheet

dated 06.1.2021 during pendency of this application.

Learned counsel for the applicants argued that the present dispute is a

matrimonial dispute between the applicant and no. 1 and the opposite party no.

2. It is argued that the parties have entered into a compromise 01.7.2022. It is

argued that the the applicants had earlier filed an Application U/S 482 No.

22834 of 2022 (Zaki and 3 others vs. State of U.P. and another) before this Court

in which vide order dated 2.8.2022 the said compromise was sent to the

concerned trial court for verification and liberty was granted to the applicants to

approach this Court again for quashing of the proceedings after the said

compromise is verified by the concerned trial court. The said order has been

placed before the Corut which is annexure no. 1 to the affidavit. It is argued that

the parties approached the trial court and the said compromise was verified vide

order dated 16.9.2022, copy of the said order has been placed before this Court

which is annexure no. 2 to the affidavit. It is argued that since the dispute

between the parties is a matrimonial dispute and they have entered into

compromise which has been duly verified by the trial court after the same was

relegated by a co-ordinate Bench of this Court, the proceedings of the case be

quashed.

Learned State counsel could not oppose the arguments as aforesaid.

After having heard learned counsels for the parties and perusing the records, it is

evident that previously the applicants had approached this Court seeking

quashing of the proceedings on the basis of compromise entered into between

the parties which were relegated by a co-ordinate Bench of this Court to the trial

court for verification vide order dated 2.8.2022. The said order is quoted herein

below :-

"Heard learned counsel for the applicant, learned A.G.A. for the State

and perused the record.

The present application under Section 482 Cr.P.C. has been filed to

quash the charge sheet dated 06.01.2021 in Case No. 30010 of 2021

(State Vs. Zaki & other) arising out of Case Crime No. 490 of 2020,

under Sections 498-A, 506 I.P.C. and Section 3/4 D.P. Act, Police

Station- Galshaheed, District- Moradabad, pending in the Court of

learned Judicial Magistrate Court, Moradabad on the basis of

compromise between the parties. A further prayer has also been made

to stay the further proceedings in respect of the aforesaid case.

Learned counsel for the applicant submits that applicant has amicably

compromised their dispute and in respect thereof, they have annexed

an original compromise deed endorsed as Annexure - 3 to the

affidavit.

Whether the parties have, in fact, compromised the matter or not, can

best be ascertained by the Court below as such compromise has to be

duly verified in presence of the parties concerned before the Court.

Both the parties are directed to appear before the concerned court

below on 08.08.2022 and file their comprise application. The court

below is directed to pass an order o