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Saurabh Singh vs State Of Up And Another on 11 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 32907 of 2019

Applicant :- Saurabh Singh

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Amresh Tripathi

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 7.6.2018 arising out of Case Crime No. 0035 of 2018 as well as cognizance order dated 25.07.2018 and proceedings of criminal case no. 29248 of 2018 (State Vs. Saurabh Singh and others), under Sections 498A, Section323, Section354, Section506 IPC and Section 3/4 D.P. Act, Police Station Shahpur, District-Gorakhpur pending in the court of Additional Chief Judicial Magistrate, Court No.3, Gorakhpur.

It is submitted by learned counsel for the applicant that the applicant no.1 is husband of opposite party no. 2. Marriage of applicant no.1 was solemnized on 30.11.2014 with the opposite party no.2, but their marriage was not successful, as a result thereof, on account of acrimonious relation, the opposite party no.2 lodged the impugned FIR on 23.01.2018, under Sections 498A, Section323, Section354, Section506 IPC and 3/4 D.P. Act at Police Station Shahpur, District Gorakhpur against the applicant and his parents. The Investigating Officer after investigation submitted charge-sheet dated 07.06.2018, on which the Magistrate concerned took cognizance on 25.07.2018. The other co-accused, who are father-in-law and mother-in-law of the opposite party no.2 have filed a separate Application under Section 482 Cr.P.C. No. 15609 of 2019, in which, interim protection has been granted by the co-ordinate Bench of this Court vide order dated 23.04.2019. It is next submitted that after submission of charge-sheet, the parties concerned entered into a settlement and compromise arrived at between the parties concerned. Thereafter, they have jointly filed a petition under Section 13B of the Hindu Marriage Act before the Family Court, Gorakhpur on 05.01.2019. Copy of divorce petition has been brought on record as Annexure No.6 to this application.

It is submitted that no compromise application has yet been filed before the concerned court below, where criminal proceeding is pending against the applicant and requested to allow the applicant to move compromise application before the concerned court below.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court.

On the request made by learned counsel for the applicant three weeks time is allowed to the applicant to file compromise application before the concerned court below.

Accordingly, this application is disposed of with a direction to the court concerned that in case such compromise application is filed by the applicant before it within aforesaid period, 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 applicant 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 applicant in the aforesaid case.

Order Date :- 11.9.2019

AK Pandey

 

 

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