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Pravin Kumar Mishra And 3 Ors vs State Of U.P. And Anr on 26 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 29020 of 2019

Applicant :- Pravin Kumar Mishra And 3 Ors

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

Counsel for Applicant :- Nitin Agarwal

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Vakalatnama filed today by Sri Rang Nath Pandey, Advocate, on behalf of opposite party no.2, is taken on record.

Heard learned counsel for the applicants and the learned A.G.A. for the State/opposite party no.1 and Sri Rang Nath Pandey, 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 No.30 of 2018 dated 19.06.2018 arising out of Case Crime No.11 of 2018 (SectionState vs. Pravin Kumar others), under Sections 498A, Section323, Section504, Section506 IPC and 3/4 SectionDowry Prohibition Act, Police Station Mahila Thana, District -Allahabad, pending in the court of Additional Chief Judicial Magistrate IInd, Allahabad.

Learned counsel for the applicants submit that parties have entered into the compromise. They have filed a divorce petition by mutual consent under Sectionsection 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Allahabad, copy of the same has been filed 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 :- 26.7.2019

SKD

 

 

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