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Rahul Sharma And Another vs State Of U.P. And Another on 23 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 38288 of 2019

Applicant :- Rahul Sharma And Another

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

Counsel for Applicant :- Amit Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants and learned A.G.A. for the State/opposite party no.1 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the impugned chargesheet dated 25.05.2018 arising out of Case Crime No.375 of 2017 and entire proceedings of Criminal Case No.1547 of 2018 ( State Vs. Rahul Sharma and another), under Sections 498A, Section323, Section504 I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Etmaddaula, District -Agra, pending in the court of Additional Chief Judicial Magistrate- Xth Agra.

It is submitted by the learned counsel for the applicants that the applicant no.1 Rahul Sharma is husband, applicant no.2 Smt.Usha Sharma is mother-in-law of the opposite party no.2 Smt.Gunjan Sharma. Marriage of the applicant no.1 was solemnized on 25.04.2012 with the opposite party no.2 but their marriage was not successful, as a result thereof opposite party no.2 lodged F.I.R. dated 04.05.2017, under Sectionsections 498A, Section323, Section504 I.P.C. 3/4 SectionDowry Prohibition Act against the applicants and other co-accused persons in which chargesheet was submitted on 25.05.2018, on which the magistrate concerned took cognizance on 01.09.2018. Thereafter parties concerned have settled their dispute outside the Court and a compromise deed has been executed between them on 03.09.2019. Thereafter compromise application dated 20.09.2019 has been filed by the opposite party no.2 before the Court of Additional Chief Judicial Magistrate-X, Agra, which has been appended as Annexure No.5 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.

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 :- 23.10.2019

SKD

 

 

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