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Manish Chaurasiya @ Pankaj & Ors. vs State Of U.P. & Anr. on 12 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- U/S 482/378/407 No. – 4903 of 2019

Applicant :- Manish Chaurasiya @ Pankaj Ors.

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

Counsel for Applicant :- Kirti Kar Tripathi,Shrikant Tripathi

Counsel for Opposite Party :- G.A.

Hon’ble Anant Kumar,J.

Mr. Aasif Razzaque Khan, learned Advocate and Mrs. Pratiti, learned Advocate filed their joint Vakaltnama on behalf of Opposite Party No.2 is taken on record.

Heard learned counsel for the parties and perused the record.

This petitioner has been filed with the prayer to quash the charge sheet dated 22.01.2014 filed against the petitioners before the Additional Chief Judicial Magistrate Court No.31, Lucknow in Case Crime No.122 of 2013, P.S. Lucknow in Case Crime No.122 of 2013, P.S. Krishna Nagar, Lucknow and order taking the cognizance on said charge sheet, pending as Criminal Case No.2382 of 2014 registered as Crime No.122 of 2013 at P.S. Krishna Nagar, Lucknow, Under Section 498A, Section323, Section504 Section506 I.P.C. Section 3/Section4 Dowry Prohibition Act Pending before Additional Chief Judicial Magistrate, Court No.31, Lucknow in re; State Versus Manish Chaurasya others.

Learned counsel for the applicants as well as learned counsel for the Opposite Party No.2 have jointly requested that matter has been amicably settled in between the parties and the parties have entered into compromise, which has been placed on record as Annexure -3 to this petition. The dispute between the applicants and opposite party no.2 is purely of personal nature and not in any way affecting the public at large.

It has been further submitted by learned counsel for the applicants that there is no use of keeping criminal case pending before the court below as otherwise conviction in the criminal proceedings pending before the court below is not decided, therefore the proceedings pending before the court below be quashed.

Learned AGA would have also no objection to the request made by learned counsel for the applicants as well as by opposite party no.2.

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 below.

Accordingly, this petition 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. If the signatories of the compromise do not verify the compromise or do not appear before the trial court within one month, the trial court will be free to proceed in the matter in accordance with law.

Order Date :- 12.7.2019

S. Kumar

 

 

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