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Shive Saran Yadav And 2 Others vs State Of Up And Another on 8 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 30975 of 2019

Applicant :- Shive Saran Yadav And 2 Others

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Mahendra Prakash

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri Sanjay Kumar Srivastava, Advocate has filed his vakalatnama on behalf of the opposite party no.2 is taken on record.

Heard learned counsel for the applicants, learned A.G.A. for the State/opposite party no.1 and Sri Sanjay Kumar Srivastava, learned counsel for the opposite party no.2 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash charge-sheet dated 17.12.2014 arising out of Case Crime No.159 of 2014, under Sections 498A, Section323, Section504, Section506, Section406 I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Mahila Thana, District -Agra, pending in the court of Additional Chief Judicial Magistrate-IInd Agra.

It is submitted by the learned counsel for the applicants that applicant no.1 Shive Saran Yadav is husband, applicant no.2 Omkar Singh Yadav is father-in-law and applicant no.3 Smt.Basanti Devi is mother-in-law of the opposite party no.2 Smt.Chanu Yadav. Marriage of the applicant no.1 with opposite party no.2 was solemnized on 11.12.2012, but their matrimonial life was not successful, as a result thereof the opposite party no.2 lodged F.I.R. dated 30.07.2014 under Sectionsections 498A, Section323, Section504, Section506, Section406 I.P.C. 3/4 SectionDowry Prohibition Act against the applicants and other family members, in which chargesheet was submitted on 17.12.2014. After submission of chargesheet, the parties have entered into compromise on 17.05.2019. Pursuant to said compromise a decree of divorce has been granted under Section 13-B of the Hindu Marriage Act by judgement and order dated 27.05.2019 of the Principal Judge, Family Court, Agra, appended as Annexure No.3 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. Applicants are permitted to file compromise application before the concerned court below within three weeks.

Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is 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 :- 8.8.2019

SKD

 

 

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