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Suneel And 8 Ors vs State Of U.P. And Another on 13 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 31227 of 2019

Applicant :- Suneel And 8 Ors

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

Counsel for Applicant :- Swarn Lata Suman,Parmeshwar Kr. Chaudhary

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants, learned AGA for the State/opposite party No.1 and perused the record.

This application under Section 482 Cr.P.C. has been preferred by the applicants with a prayer to quash the entire proceeding as well as charge-sheet dated 13.2.2019 and cognizance order dated 18.3.2019 in Case No.913 of 2019 (SectionState vs. Suneel and others) arising out of Case Crime No.22 of 2018 under Sections 498A, Section323, Section506 IPC 3/4 DP Act, P.S.-Mahila Thana, District-Hathras, pending in the court of CJM, Hathras.

It is submitted by learned counsel for the applicants that applicant No.1 (Suneel) is husband of opposite party No.3 (Smt. Sudha). The marriage of applicant No.1 was solemnized with opposite party No.3 on 14.2.2014 thereafter on account of acrimonious relationship between the parties, opposite party No.3 lodged FIR dated 7.5.2018 against the applicants, in which, charge-sheet was submitted on 13.2.2019 under Sections 498A, Section323, Section506 IPC 3/4 DP Act, on which, the Magistrate concerned took cognizance on 18.3.2019.

It is further submitted by learned counsel for the applicants that parties concerned have entered into a compromise and a settlement took place on 30.5.2019 outside the court, appended as Annexure-5 to this application. Pursuant to the said settlement, the marriage of the applicant No.1 with the opposite party No.3 has been dissolved vide order dated 13.7.2019, passed by the Principal Judge, Family Court, Hathras, in Matrimonial Case No.64 of 2019, appended as Annexure-4 to this application. Therefore, criminal proceeding against the applicants is liable to be quashed on the basis of compromise. The compromise, taken place between the parties on 6.6.2019, has been filed as Annexure-3 to the affidavit filed in support of this application under Section 482 Cr.P.C.

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 a period of two 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 :- 13.8.2019

LN Tripathi

 

 

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