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Ankur Vijay And 2 Others vs State Of U.P. And Another on 1 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 36832 of 2019

Applicant :- Ankur Vijay And 2 Others

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

Counsel for Applicant :- Narendra Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants, learned Additional Government Advocate 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 to quash the charge-sheet Nos.19 of 2014 19A of 2014 dated 18.09.2014 03.03.2016 arising out of Case Crime No.45 of 2013 and proceedings of Case no.2262 of 2016 (SectionState vs. Ankur others), under Sections 498A, Section323, Section504, Section506, Section406 I.P.C. Section 3/Section4 Dowry Prohibition Act, Police Station Mahila Thana Navabad, District – Jhansi.

It is submitted by the learned counsel for the applicants that the applicant no.1 Ankur Vijay is husband, applicant no.2 Smt.Sudha is mother-in-law and applicant no.3 Smt.Komal @ Rinku is Nanad of opposite party no.2 Smt.Anubha Vijayvargiya. Marriage of applicant no.1 was solemnized on 29.01.2005 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 impugned FIR dated 05.09.2013 against the applicants at Police Station Mahila Thana Navabad, District Jhansi, making allegation of her harassment and torture by the accused persons in her matrimonial home, in which chargesheet was submitted on 21.03.2016 and trial proceeded against the applicants.

It is next submitted that thereafter the applicant no.1 (husband) and opposite party no.2 (wife) have settled their dispute outside the Court and compromise took place between them on 23.07.2015, copy of said compromise has been brought on record as Annexure No.4 to the application. Pursuant to said compromise, decree of divorce under Section 13-B of the Hindu Marriage Act has been passed by judgment and order dated 25.01.2016 of Principal Judge, Family Court. The said order dated 25.01.2016 has been brought on record as Annexure No.5 to the application.

It is submitted that no compromise application has yet been filed before the concerned court below, where criminal proceeding is pending against the applicants and requested to allow the applicants to move compromise application before the concerned court below.

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.

On the request made by learned counsel for the applicants three weeks time is allowed to the applicants to file compromise application before the concerned court below.

Accordingly, this application is disposed of with a direction to the court concerned that in case such compromise application is filed by the applicants before it within aforesaid period, 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 :- 1.10.2019

SKD

 

 

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