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Smt. Nalni Rastogi And 2 Others vs State Of U.P. And Another on 23 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 38404 of 2019

Applicant :- Smt. Nalni Rastogi And 2 Others

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

Counsel for Applicant :- Jahar Singh (Kashyap)

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 with the assistance of learned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the charge sheet dated 21.10.2017, cogniznace/summoning order dated 14.03.2019 as well as the entire proceedings of Criminal Case No. 3144 of 2019 (SectionState vs Rishabh Rastogi and others) arising out of Case Crime No. 1030 of 2016, under Sectionsections 498A, Section323, Section506 IPC and Sectionsection 3/Section4 of Dowry Prohibition Act, police station Kotwali Fatehpur, district Fatehpur pending in the court of Chief Judicial Magistrate, Fatehpur.

It is submitted by the learned counsel for the applicants that applicant Nos. 1 and 2 are the parents-in-law and applicant No.3 is the husband of Smt. Trashi Rastogi, daughter of opposite party No. 2. Marriage of applicant No. 3 was solemnized on 16.04.2015 with Smt. Trashi Rastogi, daughter of opposite party No.2, but their marriage was not successful, as a result thereof, on account of acrimonious relation, opposite party No.2 lodged the impugned FIR on 30.11.2016, under Sectionsections 498-A, Section323, Section506 IPC and Sectionsection 3/Section4 of Dowry Prohibition Act at police station Kotwali, District Fatehpur against the applicants making allegation of harassment and torture of his daughter by the accused persons, in which Investigating Officer after investigation submitted charge-sheet on 21.10.2017. It is next submitted that there are four other cases against the accused persons, which have been decided on the basis of settlement took place between the parties concerned outside the court on 01.01.2018. He has also pointed out that in Case Crime No. 341 of 2017, under Sectionsections 323, Section504, Section506, Section376, Section377, Section498-A IPC and Sectionsection 3/Section4 of Dowry Prohibition Act lodged by Smt. Trashi Rastogi, daughter of opposite party No. 2 against the applicants, final report was submitted, which was accepted on giving “No Objection” by the victim on 12.02.2019 by the Chief Judicial Magistrate, Fatehpur, copy of which has been appended as annexure 12 to the accompanying affidavit. Case No. 852 of 2016 (SectionTrashi Rastogi vs Rishabh Rastogi) filed against applicant No. 2 under the Protection of Women from SectionDomestic Violence Act has also been dismissed on 12.07.2019 on account of not pressing the same by the victim, copy of the same has been annexed as annexure 13 to the affidavit filed in support of this application. Case No. 339 of 2016, under Sectionsection 125 Cr.P.C. has also been dismissed on 04.04.2017 for want of prosecution, copy of which has been appended as annexure 14 to the accompanying affidavit and Original Case No. 1021 of 2018, under Sectionsection 13-B of Hindu Marriage Act has been allowed vide order dated 21.02.2019 by the Additional District Judge/Fast Track Court No. 2/Additional Family Judge, Lucknow, copy of the same has been appended as annexure 15 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 applicant 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 applicants 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 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 :- 23.10.2019

Sazia

 

 

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