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Ambuj Goswami And Anr vs State Of U.P. And Anr on 17 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 37332 of 2019

Applicant :- Ambuj Goswami And Anr

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

Counsel for Applicant :- Surendra Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri M.L. Jain, learned Advocate has filed his 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 summoning order dated 26.05.2019 and proceedings of criminal case no. 166 of 2019 (State Vs. Ambuj Goswami and another) arising out of case crime no. 123 of 2018, under Sections 498A, Section323, Section504 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District -Agra pending in the court of Vth Additional Chief Judicial Magistrate, Agra.

It is submitted by the learned counsel for the applicants that applicant no.1 is husband, applicant no.2 is brother-in-law of opposite party no.2. Marriage of applicant no.1 was solemnized on 03.12.2016 with the opposite party no. 2, but their marriage was not successful, as a result thereof, on account of acrimonious relation, the opposite party no. 2 lodged the impugned FIR on 17.07.2018 against the applicants and other family members making allegations of her harassment and torture etc. by the accused persons. Investigating Officer after investigation submitted charge-sheet on10.1.2019, on which the Magistrate concerned took cognizance on 26.03.2019. Thereafter, parties concerned entered into settlement and compromise took place between them on 5.9.2019. Thereafter, compromise application dated 9.9.2019 has also been filed by opposite party no.2 before the concerned court below. The said application has been appended as Annexure No. 4 to the application. It is also pointed out that a decree of divorce has also been granted on 9.9.2019 on mutual consent of the parties by the Principal Judge, Family Court, Agra. Copy of the said judgment has been brought on record as Annexure No.5 to the application.

Learned counsel appearing on behalf of opposite party no.2 does not dispute the aforesaid facts and submission.

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 :- 17.10.2019

AK Pandey

 

 

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