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Lavneesh Chauhan @ Cheeku vs State Of U.P. And Another on 30 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 29497 of 2019

Applicant :- Lavneesh Chauhan @ Cheeku

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

Counsel for Applicant :- Abhishek Gupta

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the entire proceedings of Case No. 5486 of 2017 (State Vs. Lavneesh Chauhan @ Cheeku) arising out of Case Crime No.17 of 2017, under Sections 498A, Section323, Section504, Section506, Section354, Section342, Section406 IPC and 3/4 SectionDowry Prohibition Act, Police Station Mahila Thana, District -Gautam Budh Nagar, pending in the court of Civil Judge (SD)/FTC, Gautam Budh Nagar.

It is submitted by the learned counsel for the applicant that the applicant is husband of the opposite party no.2 Smt.Kanchan Chauhan, who had lodged FIR dated 27.01.2017 against the applicant and three other co-accused persons namely Chatar Singh Chauhan (father-in-law), Santosh Devi (mother-in-law) and Manoj (mamiya sasur). The investigating officer submitted chargesheet dated 22.07.2017 against all the accused persons. Thereafter said chargesheet dated 22.07.2017 was challenged by the applicant as well as other co-accused persons in Application u/s 482 SectionCr.P.C.No.4378 of 2018 (Lavneesh Chauhan @ Cheeku and three Sectionothers vs. State of U.P. and another) in which prayer to the extent of applicant was refused but interim protection has been granted to rest of the accused vide order dated 22.03.2018, appended as Annexure No.1 to this application. It is next submitted that the applicant and opposite party no.2 entered into a compromise and settlement between them took place on 07.06.2019, a joint application under Sectionsection 13-B(1) of the Hindu Marriage Act, 1955 has been preferred by the parties concerned before the Family Court Gautam Budh Nagar for dissolution of their marriage mentioning therein terms and conditions of settlement between the parties concerned. The said application has been appended as Annexure No.8 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 :- 30.7.2019

SKD

 

 

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