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Muzammil And 6 Others vs State Of U.P. And Another on 22 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 32119 of 2019

Applicant :- Muzammil And 6 Others

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

Counsel for Applicant :- Ansar Ahmad

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri Irshad Ahmad, Advocate has filed his Vakalatnama on behalf of the opposite party no.2 is taken on record.

A joint affidavit of compromise sworned by applicant no.1 (husband) and opposite party no.2 (wife) has been filed by the learned counsel for the parties is also taken on record.

Heard learned counsel for the applicants and the learned A.G.A. for the State and 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 the charge-sheet dated 26.09.2017 arising out of Case Crime No. 0008 of 2017 and proceedings of Criminal Case No. 7316 of 2018 (State Vs. Muzammil and others), under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Mahila Thana (Saifai), District -Etawah pending in the court of Chief Judicial Magistrate, Etawah.

Learned counsel for the applicants submits that the applicant no.1 is husband and applicant nos. 2 to 7 are family members of the applicant no.1. Marriage of applicant no.1 was solemnized on 25.01.2014 with the opposite party no.2, but their matrimonial life was not successful, as a result thereof, the opposite party no.2 lodged FIR on 25.04.2017 against the applicants under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act as case crime no. 0008 of 2017 at Police Station Mahila Thana (Saifai), in which, charge-sheet has been submitted on 26.09.2017. It is further submitted by the learned counsel for the parties that thereafter on 29.07.2019 the parties concerned (applicant no.1 and opposite party no.2) have entered into compromise and settlement took place between them. The settlement agreement has also been executed between them on 29.07.2019, appended as Annexure No. 3 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 three 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 :- 22.8.2019

AK Pandey

 

 

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