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Ashok Shukla And 3 Ors vs State Of U.P. And Another on 8 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 30979 of 2019

Applicant :- Ashok Shukla And 3 Ors

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

Counsel for Applicant :- Vinay Kumar Tripathi

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Shri Rama Shankar Mishra, learned Advocate, has filed his vakalatnama on behalf of opposite party No.2, annexing therewith a short-counter affidavit, in Court today. The same is taken on record.

Heard learned counsel for the applicants, learned AGA for the State/opposite party No.1, Shri Rama Shankar Mishra, learned counsel for the opposite party No.2 and perused the record.

This application under Section 482 Cr.P.C. has been preferred by the applicants with a prayer to quash the charge-sheet dated 9.9.2018 as well as the entire proceeding of Case No.1501 of 2018 (SectionState vs. Ashok Shukla and others) arising out of Case Crime No.256 of 2018 under Sections 498A, Section323, Section504, Section328 IPC 3/4 DP Act, P.S.-Kotwali, District-Shahjahanpur, pending in the court of Civil Judge (Junior Division), Shahjahanpur.

It is submitted by learned counsel for the applicants that applicant No.1 (Ashok) is husband of the opposite party No.2 (Smt. Ruchi Shukla). The marriage of the applicant No.1 was solemnized on 9.2.2009 with the opposite party No.1, but on account of acrimonious relation between them, opposite party No.2 lodged FIR dated 14.2.2018 against the applicant and his family members, in which charge-sheet has been submitted on 9.9.2018, on which Magistrate took cognizance on 14.12.2018.

It is further submitted by learned counsel for the applicants as well as learned counsel for the opposite party No.2 that parties concerned have entered into a compromise and a settlement took place on 28.6.2019 and the same has also been filed before the concerned court-below, therefore, criminal proceeding against the applicants is liable to be quashed on the basis of compromise. In pararaphs-7 8 of the affidavit filed in support of this application, it has been submitted by the learned counsel for the applicants that after compromise between the parties concerned, the opposite party No.2 has been residing at her in-laws house and there is no dispute between the applicants and the opposite party No.2.

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.

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 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 :- 8.8.2019

LN Tripathi

 

 

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