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Pankaj Jain And 2 Others vs State Of U.P. And Another on 11 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 31888 of 2019

Applicant :- Pankaj Jain And 2 Others

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

Counsel for Applicant :- Pankaj Bharti

Counsel for Opposite Party :- G.A.,Brijesh Kumar Sharma

Hon’ble Sanjay Kumar Singh,J.

Sri Brijesh Kumar Sharma, learned Advocate has filed his Vakalatnama on behalf of the opposite party no.2 alongwith joint affidavit of compromise dated 09.08.2019, which is taken on record.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State, 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 to quash the proceedings of case no. 3486 of 2016 (old number 1673/9 of 2007) State Vs. Pankaj Jain and others arising out of case crime no. 88 of 2007, under Sections 498A, Section323, Section452 IPC and 3/4 D.P. Act, Police Station Nai Mandi, District -Muzaffar Nagar pending in the court of Additional Chief Judicial Magistrate, Court No.2, Muzaffar Nagar.

It is submitted by the learned counsel for the applicants that in this case FIR was lodged against six accused persons, namely, Pankaj Jain, P.K. Jain, Usha Jain, Abhilasha Jain, Puneet Jain and Smt. Anchal Jain. After submission of charge-sheet in this case, accused Abhilash Jain, Punit Jain and Smt. Anchal had preferred Application under Sectionsection 482 Cr.P.C. No. 17949 of 2007 before this Court, in which interim stay order dated 9.8.2007 was granted by this Court and the said application is still pending before this Court. So far as applicants, namely, Pankaj Jain, P.K. Jain and Smt. Usha Jain are concerned, they had preferred separate Application under Section 482 Cr.P.C. No. 20406 of 2007, which was disposed of vide order dated 21.08.2007. It is next submitted by the learned counsel for the parties that now the parties concerned have entered into compromise and settlement between them took place, therefore, the present applicants have preferred this application to quash the entire proceedings on the basis of compromise/settlement took place between them on 6.5.2019.

It is also submitted that the compromise application dated 06.05.2019 has been filed before the concerned court below, where criminal proceeding against the applicants is pending. Certified copy of the same has been brought on record as Annexure No.6 to this application.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said 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 applicant 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 :- 11.9.2019

AK Pandey

 

 

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