HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 70
Case :- APPLICATION U/S 482 No. – 30034 of 2019
Applicant :- Rajeev Kumar Gupta And 2 Others
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Sanjeev Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon’ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State and 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 dated 10.12.2017 arising out of Case Crime No. 15 2017, under Section 498A IPC and 3/4 SectionDowry Prohibition Act, Police Station Mahila Thana, District -Gorakhpur, pending in the court of Additional Chief Judicial Magistrate-II, Gorakhpur.
It is submitted by the learned counsel for the applicants that after submission of chargesheet dated 10.12.2017 of this case, the parties concerned have entered into a compromise. Pursuant to said compromise a proceeding in Case No.147 of 2017 filed by the applicant no.1 under Section 9 of the Hindu Marriage Act has been decided in terms of compromise dated 06.05.2019 by the Principal Judge, Family Court. Certified copy of the said order dated 06.05.2019 has been appended as Annexure no.3 to the application. It is also submitted that on the settlement made between the parties concerned, a petition under section 13 (B) of the Hindu Marriage Act 1955 has also been filed by the family court, which is pending.
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 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 :- 2.8.2019
SKD
