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Randhaour Singh @ Ranveer Singh … vs State Of Up And Another on 13 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 31282 of 2019

Applicant :- Randhaour Singh @ Ranveer Singh And 6 Others

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Pradeep Saxena

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Shri Hari Nand Singh, learned advocate has filed his vakalatnama on behalf of opposite party no.2, is taken on record.

Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1, learned counsel for the opposite party no.2 and perused the record with the assistance of leaned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the impugned chargesheet No.222 of 2014 dated 29.12.2014, cognizance order dated 26.09.2017 as well as entire proceeding of Case No.2895 of 2019 (SectionState vs. Ranveer Singh and others) arising out of Case Crime No.312 of 2017, under Sectionsections 498A, Section323, Section504, Section506 I.P.C. SectionDowry Prohibition Act, Police Station Cantt., District Bareilly, pending in the court of learned Additional Chief Judicial Magistrate- VIIIth Bareilly.

It is submitted by the learned counsel for the applicants that applicant no.1 Randhaour Singh @ Ranveer Singh is husband, applicant no.2 Naresh Pal Singh is father-in-law, applicant no.3 Smt.Vidyawati is mother-in-law, applicant no.4 Harpal is brother-in-law, applicant no.5 Urmaan Singh is brother-in-law, applicant no.6 Smt.Rachana is sister-in-law and applicant no.7 Km.Sangeeta is sister-in-law of the opposite party no.2 Smt.Palak @ Puspha. Marriage of the applicant no.1 with opposite party no.2 was solemnized on 22.04.2013, but on account of acrimonious relation between them, the opposite party no.2 lodged FIR on 09.06.2014 under Sectionsections 498A, Section323, Section504, Section506 I.P.C. SectionDowry Prohibition Act against the applicants, in which the investigating officer submitted chargesheet on 29.12.2014. Thereafter parties concerned have entered into compromise and a settlement took place between them. Thereafter the applicant no.1 and opposite party no.2 started living together since 17.01.2015. It is also submitted that a compromise application dated 01.06.2019 has also been filed before the concerned court below, copy of the same has been brought on record as Annexure No.3 to the application.

Learned counsel for the opposite party no.2 also does not dispute the aforesaid fact.

Whether the parties have, in fact, compromised the matter or not, can best 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 has already been 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 :- 13.8.2019

SKD

 

 

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