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Abhisheik Deo vs State Of Up And Another on 22 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 32080 of 2019

Applicant :- Abhisheik Deo

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Amit Saxena

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri Ajay Kumar Srivastava, Advocate, has filed his counter affidavit alongwith vakalatnama on behalf of opposite party no.2, is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State/opposite party no.1, Sri Ajay Kumar Srivastava, learned counsel appearing on behalf of the opposite party no.2 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the impugned chargesheet no.01 dated 24.02.2018 as well as entire proceedings of Case No.605 of 2018 ( State of U.P. Vs. Abhisheik Deo) arising out of Case Crime No.318 of 2017, under Sections 498A, Section323 I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Mahila Thana, District -Ghaziabad, pending in the court of Additional Chief Judicial Magistrate-VIII, Ghaziabad.

It is submitted by the learned counsel for the applicant that the applicant Abhisheik Deo is husband of the opposite party no.2 Smt.Geetika Sharma. Marriage of the applicant was solemnized on 03.06.2013 with the opposite party no.2, but their matrimonial life was not successful as a result thereof opposite party no.2 lodged F.I.R. on 16.08.2017 under Sections 498A, Section323, Section3/Section4 Dowry Prohibition Act against the applicant Abhisheik Deo (husband) and his parents, in which chargesheet was submitted on 24.02.2018. Thereafter the applicant and opposite party no.2 entered into compromise and a settlement took place between them. Pursuant to said settlement, Petition No.1534 of 2019 under Section 13B(1) of the Hindu Marriage Act for dissolution of their marriage has been filed on 16.07.2019 before the Principal Judge, Family court, Ghaziabad, copy of the said petition has been brought on record as Annexure No.5 of the application.

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. Applicants are permitted to file compromise application before the concerned court below within three weeks.

Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, 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 applicants 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 applicants in the aforesaid case.

Order Date :- 22.8.2019

SKD

 

 

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