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Avinash Tiwari And 6 Ors vs State Of U.P. And Anr on 16 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 27350 of 2019

Applicant :- Avinash Tiwari And 6 Ors

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

Counsel for Applicant :- Ashwani Kumar Pathak

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 and perused the record.

This application under Sectionsection 482 Cr.P.C. has been preferred by the applicants with a prayer to quash the impugned chargesheet dated 15.09.2016 arising out of Case Crime No.110 of 2015, cognizance order dated 05.08.2017 as well as entire proceedings of Case No.1423 of 2017, under Sectionsections 323, Section423, Section506, Section498A I.P.C. 3/4 SectionDowry Prohibition Act, Police Station Khukhundu, District Deoria, pending in the court of Judicial Magistrate, Court No.12, Deoria.

Learned counsel for the applicants submit that applicants and opposite party no.2 have amicably compromised their dispute on 29.05.2018 out side the Court. The compromise taken place between the parties in Case No.663 of 2016 under Section 12 of The Protection of Women From Domestic Violence Act, 2005 has been filed as Annexure-4 to the present 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 in Case No.1423 of 2017 within two 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 :- 16.7.2019

SKD

 

 

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