SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Rajeev Kumar Gupta And 2 Others vs State Of Up And Another on 2 August, 2019

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

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation