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Kurban Ali And Another vs State Of Up And Another on 8 August, 2019


?Court No. – 70

Case :- APPLICATION U/S 482 No. – 30972 of 2019

Applicant :- Kurban Ali And Another

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Anand Swarup,Jai Singh Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri Ram Kishun Mishra, Advocate has filed his vakalatnama alongwith counter affidavit dated 08.08.2019 on behalf of the opposite party no.2 is also taken on record.

Heard learned counsel for the applicants, learned A.G.A. for the State/opposite party no.1 and Sri Ram Kishun Mishra, 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 with a prayer to quash charge-sheet dated 27.12.2017 arising out of Case Crime No.0161 of 2015, under Sections 498A, Section323, Section504, Section506, Section427 IPC and 3/4 SectionDowry Prohibition Act, Police Station Ssaraimamrej, District -Allahabad, pending in the court of Additional Chief Judicial Magistrate Allahabad.

It is submitted by the learned counsel for the applicants that applicant no.1 Kurban Ali is husband and applicant no.2 Arman is Jeth of the opposite party no.2 Smt.Afsari. Marriage of the applicant no.1 with opposite party no.2 was solemnized on 27.01.2012, but their matrimonial life was not successful, as a result thereof the opposite party no.2 lodged F.I.R. dated 02.09.2015 under Sectionsections 498A, Section323, Section504, Section506, Section354(A), Section427 I.P.C. 3/4 SectionDowry Prohibition Act against the applicants and other family members, in which chargesheet was submitted on 27.12.2017. After submission of chargesheet, the parties have entered into compromise and a settlement took place between them. Pursuant to said settlement, compromise was filed before the Family Court, Allahabad in Case No.518 of 2016 under Section 125 Cr.P.C. which has been disposed of by order dated 01.04.2019 by the Additional Principal Judge, Family Court, Allahabad. The said compromise application dated 30.03.2019 and order dated 01.04.2019 have also brought on record as Annexure No.5 to the 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 before the concerned court below 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 :- 8.8.2019




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