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Pankaj And 2 Others vs State Of Up And Another on 13 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 31084 of 2019

Applicant :- Pankaj And 2 Others

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Sudhir Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Shri Akash Srivastava, learned advocate has filed vakalatnama on behalf of opposite party no.2, is taken on record.

Learned learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and Sri Akash Srivastava, learned counsel appearing on behalf of the opposite party no.2 and perused the record with the assistance of leaned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the impugned chargesheet dated 28.09.2015, cognizance order dated 23.12.2015 as well as entire proceeding of Case No.1921/9 of 2015 (SectionState vs. Pankaj others) arising out of Case Crime No.44 of 2015, under Sectionsections 498A, Section323, Section504, Section313, Section377 I.P.C. SectionDowry Prohibition Act, Police Station Phalawda, District Meerut, pending in the court of Fast Track Court No.1, Meerut.

It is submitted by the learned counsel for the applicants that applicant no.1 Pankaj is husband, applicant no.2 Rakesh Kumar is father-in-law and applicant no.3 Smt.Ishwari is mother-in-law of the opposite party no.2 Smt.Manju. Marriage of the applicant no.1 with opposite party no.2 was solemnized on 20.02.2012, but their marriage was not successful, as a result thereof the opposite party no.2 lodged FIR on 02.05.2015 under Sectionsections 498A, Section323, Section504, Section506, Section313, Section377 I.P.C. SectionDowry Prohibition Act against the applicants, in which chargesheet was submitted on 28.09.2015 against the applicants, on which the magistrate concerned took cognizance on 26.11.2016. It is next submitted that the parties have entered into a compromise outside the court on 14.08.2018. The said compromise deed has been filed as Annexure no.2 to the application. It is further submitted that pursuant to said compromise, the parties concerned have also filed petition under Section 13 of the Hindu Marriage Act before the Family Court, Meerut, registered as Case No.1695 of 2018, which is still pending.

Whether the parties have, in fact, compromised the matter or not, can best 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 :- 13.8.2019

SKD

 

 

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