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Imran And 2 Ors vs State Of Up And Another on 11 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 32912 of 2019

Applicant :- Imran And 2 Ors

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Azhar Hussain

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri A.Z. Khan, learned Advocate has filed short counter affidavit alongwith 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 charge-sheet no. 94 of 2017 dated 12.05.2017 arising out of Case Crime No. 142 of 2016 as well as cognizance order dated 22.07.2017 and proceedings of criminal case no. 1420 of 2017, under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District – Agra pending in the court of Additional Chief Judicial Magistrate, 10th, Agra.

It is submitted by learned counsel for the applicants that the applicant no.1 is husband, applicant no.2 is father-in-law and applicant no.3 is mother-in-law of opposite party no. 2. Marriage of applicant no.1 was solemnized on 10.02.2012 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 14.06.2016. Investigating Officer after investigation submitted charge-sheet dated 12.05.2017, on which the Magistrate concerned took cognizance on 22.07.2017. It is next submitted that during investigation, the parties concerned entered into a settlement and compromise arrived at between the parties concerned on 22.04.2017. The compromise deed dated 22.04.2017 has been brought on record as Annexure no.5 to this application.

Learned counsel for the opposite party no.2 did not dispute the aforesaid facts. In paragraph no.4 of the short counter affidavit of the opposite party no.2, it is mentioned that the opposite party no.2 and applicant no.1 entered into compromise on 22.4.2017 and they are living together.

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 applicant 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 applicant 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 :- 11.9.2019

AK Pandey

 

 

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