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Rajeshwar @ Rajesh Gond vs State Of U.P. And Another on 14 June, 2019


?HCourt No. – 3

Case :- APPLICATION U/S 482 No. – 22625 of 2019

Applicant :- Rajeshwar @ Rajesh Gond

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

Counsel for Applicant :- Avadhesh Kumar Upadhyay

Counsel for Opposite Party :- G.A.

Hon’ble Pradeep Kumar Srivastava,J.

Heard Shri Avdhesh Kumar Upadhaya, learned Counsel for the applicant, Shri Vinod Kumar, learned counsel for the respondent no. 2 and learned A.G.A. for the State. Perused the record.

This application has been given with the request to quash the entire proceedings in Complaint Case No. 405 of 2015 (Mamta Devi Vs. Rajeshwar others) under Sections 498A, 504, 506, SectionI.P.C. and 3/4 SectionDowry Prohibition Act, P.S. Nebua Naurangia, District Kushinagar, pending in the court of Judicial Magistrate Kushinagar at Padrauna in terms of compromise application filed by the applicant and opposite party No. 2 before the court below.

The submission of the learned counsel for the applicant is that the said compromise which has been filed with the application and counter affidavit at Page No. 10 and filed before the learned trial court, the learned trial court kept it on record and did not pass any suitable order.

Considering the submissions of both the learned counsel for the parties and keeping in view that compromise has been filed before the trial court, it is directed that learned trial court will proceed to pass appropriate order on the said compromise and for the compoundable section the same shall be verified by the learned trial court if both the parties appeared and verified the contents of the compromise. In case of un-compoundable section, learned trail court will adopt appropriate procedure for expeditious disposal of the case and in that case if the applicant appears before the trial court and applies for bail within fifteen days from the date of receipt of this order, keeping in mind the compromise, the applicant shall be enlarged on bail for further procedure to be adopted for the disposal of the said case by the learned trial court.

Application is disposed of with the above observations.

Order Date :- 14.6.2019




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