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Anand Kumar And Another vs State Of U.P. And Another on 2 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 29910 of 2019

Applicant :- Anand Kumar And Another

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

Counsel for Applicant :- Preetam Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri Nishant Dwivedi, Advocate has filed his Vakalatnama on behalf of the opposite party no.2 is taken on record.

Heard learned counsel for the applicants and the learned A.G.A. for the State and 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 with a prayer to quash the charge-sheet no. 14 of 2017 dated 24.03.2017 arising out of Case Crime No. 125 of 2015 and proceedings of Case No. 3743 of 2018 (State Vs. Anand Kumar), under Sections 498A, Section506, Section323 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District -Firozabad pending in the court of Additional Civil Judge (Junior Division), First, Firozabad.

Learned counsel for the applicants submitted that applicant no.1 is husband of the opposite party no.2, Smt. Ruma Devi. It is also submitted that in this case charge-sheet was submitted on 24.3.2017 and cognizance was taken on 5.11.2018. Thereafter, the parties have entered into settlement and on the basis of compromise made between the applicant no.1 and opposite party no.2, application under Section 125 Cr.P.C. moved by the opposite party no.2 (wife) has been dismissed vide order dated 20.9.2018, appended as Annexure no. 3 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 :- 2.8.2019

AK Pandey

 

 

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