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Munna And 9 Others vs State Of Up And Another on 6 August, 2019


?Court No. – 70

Case :- APPLICATION U/S 482 No. – 30572 of 2019

Applicant :- Munna And 9 Others

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Akhilesh Kumar Mishra

Counsel for Opposite Party :- G.A

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants 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 applicants with a prayer to quash the proceedings of criminal case no. 2398 of 2009 (State Vs. Munna and others) arising out of case crime no. 416 of 2009, under Sections 498A, Section313, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Hapur Dehat, District Hapur pending in the Court of Additional Chief Judicial Magistrate, Hapur.

It is submitted by the learned counsel for the applicants that applicant no.1 is husband, applicant no.2 is mother-in-law, application no.3 is father-in-law, applicant no.4 is Jeth, applicant nos. 5 and 6 are sister-in-law, applicant nos. 7 and 8 are cousin Jeth, applicant no.9 uncle-in-law and applicant no.10 is Nandoi of the opposite party no.2, Smt. Sehnaz. Learned counsel for the applicants submitted that after submission of charge-sheet in this case, the parties concerned have entered into compromise and settlement took place between them outside the Court on 28.6.2019. Thereafter, the said compromise application dated 28.6.2019 has been filed by the opposite party no.2 Smt. Sehnaz before the Additional Chief Judicial Magistrate, Hapur. Certified copy of the aforesaid compromise application dated 28.6.2019 has also brought on record as Annexure No.4 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.

Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise has already been 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 :- 6.8.2019

AK Pandey



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