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Smt Raj Kumari And 4 Others vs State Of Up And Another on 6 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 30617 of 2019

Applicant :- Smt Raj Kumari And 4 Others

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Brij Gopal,Devashish Tripathi

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri Yogesh Mishra, 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 Yogesh Mishra, 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 the order dated 26.03.2019 passed by Additional Chief Judicial Miagistrate -V Agra arising out of Case Crime No.204 of 2015, under Sections 498A, Section323, Section504, Section506 IPC and 3/4 SectionDowry Prohibition Act, Police Station Mahila Thana, District -Agra, pending in the court of Additional Chief Judicial Magistrate-V, Agra.

It is submitted by the learned counsel for the applicants that applicant no.1 Smt.Raj Kumari is mother-in-law, applicant no.2 Vinod is father-in-law, applicant nos.3 4 Monu Durgesh are brother-in-laws applicant no.5 Sonu is husband of the opposite party no.2 Smt.Vineeta. F.I.R. in this case was lodged by the opposite party no.2 on 07.11.2015, in which chargesheet was submitted on 26.12.2018, on which the Magistrate took cognizance on 26.03.2019. It is further submitted that now acrimonious relation between the applicant no.5 (husband) and opposite party no.2 (wife) has come to an end and the opposite party no.2 (wife) is living with her husband (applicant no.5) and leading her matrimonial life happily. Averment in this regard has been mentioned in para 10 of 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 :- 6.8.2019

SKD

 

 

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