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Sayeed Khan And 2 Others vs State Of Up And Another on 18 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 37679 of 2019

Applicant :- Sayeed Khan And 2 Others

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Harish Chandra Mishra

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

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

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet no. 01 dated 14.11.2018 arising out of Case Crime No. 32 of 2018 as well as cognizance order dated 13.03.2019 and proceedings of criminal case no. 770 of 2019 (State of U.P. Vs. Sayeed Khan and others), under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District – Jhansi pending in the court of Judicial Magistrate, 1st, Jhansi.

It is submitted by learned counsel for the applicants that the applicant no.1 is husband, applicant no.2 is father-in-law and applicant no.3 is mother-in-law of opposite party no. 2. Marriage of applicant no.1 was solemnized on 26.03.2015 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 11.06.2018, under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act against the applicants and brother of applicant no.1. Investigating Officer after investigation submitted charge-sheet dated 14.11.2018 against the applicants, on which the Magistrate concerned took cognizance on 13.03.2019. Thereafter, parties concerned have settled their dispute amicably outside the Court on 28.11.2018 and compromise deed was also executed, which has been appended as Annexure No. 3 to the application. It is also submitted that pursuant to said compromise, opposite party no.2 moved an application dated 27.03.2019 in proceeding under Section 125 Cr.P.C. before Family Court, Jhansi, which was accepted and proceeding under Section 125 Cr.P.C. in case no. 168 of 2018 has been dismissed vide order dated 5.4.2019. The aforesaid application and order dated 5.4.2019 has been brought on record as Annexure no.5 to the application.

It is submitted that no compromise application has yet been filed before the concerned court below, where criminal proceeding is pending against the applicants and requested to allow the applicants 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 applicants three weeks time is allowed to the applicants 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 applicants in the aforesaid case.

Order Date :- 18.10.2019

AK Pandey

 

 

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