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Ali Sher And 2 Others vs State Of U.P. And Another on 15 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 40854 of 2019

Applicant :- Ali Sher And 2 Others

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

Counsel for Applicant :- Azhar Hussain

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri A.Z. Khan, learned Advocate has filed short counter affidavit alongwith Vakalatnama on behalf of the opposite party no.2, which is taken on record.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State, learned counsel for the opposite party no.2 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 27.01.2016 arising out of case crime no.0150 of 2015 and proceedings of criminal case no. 658 of 2017 (State Vs. Ali Sher and others), under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District -Agra pending in the court of Additional Chief Judicial Magistrate, Court No.10, Agra.

It is submitted by the learned counsel for the applicants that applicant no.1 is husband, applicant no.2 is mother-in-law and applicant no.3 is sister-in-law of opposite party no.2. On account of acrimonious relations, opposite party no.2 lodged FIR dated 05.09.2015 at Police Station Mahila Thana, District Agra registered as case crime no. 0150 of 2015 against the applicants making several allegations of her harassment and torture by the accused persons in her matrimonial home on account of non-fulfilment of demand of dowry, in which, Investigating Officer after investigation submitted charge-sheet dated 27.01.2016. Thereafter, parties concerned have settled their dispute outside the Court and pursuant to said settlement, applicants and opposite party no.2 jointly moved an application dated 5.9.2019 before ACJM-5th, Agra in Case No. 658 of 2017. Copy of the said application has been brought on record as Annexure No.4 to the application. It is submitted that till date no order has been passed on the said compromise application dated 5.9.2019 by the concerned court below.

Factum of compromise as mentioned above, has not been denied by opposite party no.2 in her short counter affidavit.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court.

Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise has already been 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 applicant 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 :- 15.11.2019

AK Pandey

 

 

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