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Aman Deep Singh @ Babbal And 3 … vs The State Of Up And Another on 19 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 31496 of 2019

Applicant :- Aman Deep Singh @ Babbal And 3 Others

Opposite Party :- The State Of Up And Another

Counsel for Applicant :- Naveen Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants and the learned A.G.A. for the State/opposite party no.1 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet No.76 of 2018 dated 07.06.2018, cognizance order dated 14.03.2019 as well as proceedings of Case No.10544 of 2019 arising out of Case Crime No.09 of 2018, under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Nazirabad, District -Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.

It is submitted by the learned counsel for the applicants that applicant no.1 Aman Deep Singh @ Babbal is husband, applicant no.2 Harmindar Kaur is mother-in-law, applicant no.3 Supreet Singh is brother-in-law and applicant no.4 Daljeet Singh is maternal uncle of the opposite party no.2 Smt. Gurmeet Kaur. Marriage of the applicant no.1 with opposite party no.2 was solemnized on 19.01.2019 but their matrimonial life was not successful as a result thereof opposite party no.2 lodged F.I.R. on 23.01.2018 against the applicant no.1 and other family members, under Sectionsections 498A, Section323, Section504, Section506 I.P.C. 3/4 SectionDowry Prohibition Act, in which chargesheet was submitted on 07.06.2018. Thereafter the parties concerned have entered into compromise and pursuant to said compromise decree of divorce has been granted on 14.03.2019 under Sectionsection 13(B) of the Hindu Marriage Act by the Principal Judge, Family Court, Kanpur Nagar, copy of the said judgement has been appended as Annexure No.4 to 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 :- 19.8.2019

SKD

 

 

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