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Nain Jyot Singh Sethi & Others vs State Of U.P. & Another on 16 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 230 of 2020

Applicant :- Nain Jyot Singh Sethi Others

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Sanjay Kumar Rao,Prashant Mishra,Santosh Chaudhary

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Rajeev Singh,J.

Vakalatnama filed by Mr. Vivek Kumar Rai, Advocate on behalf of the opposite party No.2 is taken on record.

The present application has been filed for quashing the charge sheet dated 21.08.2017 filed in Case Crime No.348 of 2016, under Sections 498A, 504, 506 I.P.C. Section 3/4 D.P. Act, P.S. Alambagh, District Lucknow as well as summoning order dated 14.11.2017 passed by the Judicial Magistrate-III, Lucknow in Case No.55256 of 2017, including the entire proceedings.

Learned counsel for the applicants as well as opposite party No.2 informed that the marriage of the applicant No.1 was solemnized with the opposite party No.2 and due to some matrimonial dispute, the opposite party No.2 lodged the F.I.R. as Case Crime No.348 of 2016, under Sections 498A, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Aalambagh, District Lucknow on 03.10.2016 and thereafter, the charge sheet was submitted by the Investigating Officer and the cognizance was taken by the court below, in the meantime, the parties resolved the issue by way of settlement agreement dated 08.01.2020 (photocopy of the compromise is appended as annexure No.4), therefore, the application may be allowed in terms of the aforesaid compromise.

The applicant as well as the opposite party No.2 are present before this Court and the opposite party No.2 stated before this Court that she does not want to prosecute the applicants.

Learned A.G.A. has no objection, in case, the application is allowed in terms of aforesaid compromise.

Considering the arguments of the learned counsel for the applicants, learned counsel for the opposite party No.2, learned A.G.A., the parties are directed to place the original compromise before the court below for verification of the contents of the aforesaid compromise in presence of the accused persons within three weeks from today and the court below will verify the same within one week. In the meantime, no coercive steps shall be taken against the applicants.

Accordingly, the application is disposed of.

The applicants and the opposite party No.2 are at liberty to file a fresh petition along with the verification report of compromise.

Order Date :- 16.1.2020

S. Shivhare

 

 

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