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Ajay Singh @ Ajay Singh Rajpoot And … vs State Of U.P. And Another on 13 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 31048 of 2019

Applicant :- Ajay Singh @ Ajay Singh Rajpoot And 4 Ors

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Sipahi Lal Shukla

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the impugned summoning order dated 08.01.2019 as well as entire proceeding of Case No.138 of 2019 (SectionState vs. Ajay Singh and others) arising out of Case Crime No.51 of 2018, under Sectionsections 498A, Section323, Section506 I.P.C. SectionDowry Prohibition Act, Police Station Mahila Thana, District Etawah, pending in the court of learned Additional Chief Judicial Magistrate-IV Etawah.

It is submitted by the learned counsel for the applicants that applicant no.1 Ajay Singh @ Ajay Singh Rajpoot is husband, applicant no.2 Usha is mother-in-law, applicant no.3 Satendra Rajpoot is brother-in-law (Devar), applicant no.4 Prashant Rajpoot is brother-in-law (Devar) and applicant no.5 Shiv Singh is father-in-law of the opposite party no.2 Mona Devi. Marriage of the applicant no.1 with opposite party no.2 was solemnized on 05.06.2015, but their marriage was not successful, as a result thereof several litigation started between the parties concerned. On 27.09.2018 F.I.R. was lodged by the opposite party no.2 against the applicants, registered as Case Crime No.0051 of 2018, under Sectionsections 498A, Section323, Section506 I.P.C. SectionDowry Prohibition Act, Police Station Mahila Thana, District Etawah, in which chargesheet was submitted on 13.11.2018 and the magistrate took cognizance on 08.01.2019. It is further submitted that after submission of chargesheet, the parties have entered into compromise and a settlement took place between them. Thereafter a decree of divorce has been granted by mutual consent under Sectionsection 13(B) of the Hindu Marriage Act by order dated 13.07.2019 of the Family Court Orai, appended as Annexure No.5 to the application. It is also pointed out that a Complaint Case No.366 of 2016 lodged by the opposite party no.2 (Mona Devi) against the applicant nos. 1, 2 and 5, has also been decided by the trial court, in which the accused persons have been acquitted by judgement and order dated 11.07.2019, appended as Annexure No.4 to the application.

Whether the parties have, in fact, compromised the matter or not, can best 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 two 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 :- 13.8.2019

SKD

 

 

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