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Ravindra Kumar And 2 Others vs State Of U.P. And Another on 26 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 28886 of 2019

Applicant :- Ravindra Kumar And 2 Others

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

Counsel for Applicant :- Vijay Kumar Dwivedi

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 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 No.189 of 2018 dated 07.10.2018 arising out of Case Crime No. 134 of 2018, cognizance order dated 25.10.2018 and proceedings of Case No.9790 of 2018 (State Vs. Ravindra and others), under Sections 498A, Section323, Section504, SectionIPC and 3/4 SectionDowry Prohibition Act, Police Station Naugawan Sadat, District -Jyotiba Phule Nagar (Amroha), pending in the court of Chief Judicial Magistrate, Jyotiba Phule Nagar.

Learned counsel for the applicants submit that parties have filed a compromise dated 23.06.2019 before the trial court. Photocopy of the compromise dated 23.06.2019 has been filed at Page 65 and 67 of the application. Copy of divorce petition under Sectionsection 13-B of the Hindu Marriage Act filed before the family court has also annexed 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 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 :- 26.7.2019

SKD

 

 

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