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Jitendra Gupta @ Lala And 2 Others vs State Of U.P. And Another on 7 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 39772 of 2019

Applicant :- Jitendra Gupta @ Lala And 2 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Ashutosh Mishra

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri Dheeraj Kumar Dwivedi, learned Advocate has filed short counter affidavit alongwith Vakalatnama on behalf of 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 dated 22.01.2019 arising out of Case Crime No. 187 of 2018 as well as cognizance order dated 15.05.2019 and proceedings of criminal case no. 2775 of 2019 (State Vs. Jitendra Gupta @ Lala and others), under Sections 498A, Section323, Section506 IPC and 3/4 D.P. Act, Police Station Gajner, District – Ramabai Nagar (Kanpur Dehat) pending in the court of Additional Chief Judicial Magistrate-II, Kanpur Dehat.

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 23.02.2018with the opposite party no.2, but their marriage was not successful, as a result thereof, on account of acrimonious relation, opposite party no.2 lodged the impugned FIR dated 13.07.2018 against the applicants under Sections 498A, Section323, Section506 IPC and Section 3/4 D.P. Act registered as case crime no.187 of 2018 at Police Station Gajner, District Ramabai Nagar making allegations of her harassment and torture by the accused persons in her matrimonial home. Investigating Officer after investigation submitted charge-sheet dated 22.01.2019. Thereafter, the parties concerned have settled their dispute outside the Court and pursuant to said settlement applicant no.1 and opposite party no.2 jointly moved a petition under Section 13B of Hindu Marriage Act before Principal Judge, Family Court, Kanpur Dehat in the month of May, 2019. The said application is appended as Annexure No.5 to the application.

Learned counsel for the opposite party no.2 did not dispute the aforesaid facts.

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 :- 7.11.2019

AK Pandey

 

 

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