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Varun Deep Sharma And 2 Others vs State Of U.P. And Another on 15 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 37128 of 2019

Applicant :- Varun Deep Sharma And 2 Others

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

Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri Sanjay Kumar Srivastava, learned Advocate has filed counter affidavit alongwith Vakalatnama on behalf of the opposite party no.2, which is taken on record.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State, 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 to quash the proceedings of criminal case no. 9267 of 2019 (State Vs. Varun Deep Sharma and others) arising out of case crime no. 640 of 2016, under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Transport Nagar, District -Meerut pending in the court of A.C.J.M./Additional Civil Judge (S.D.), Court No.8, Meerut.

It is submitted by learned counsel for the applicants that applicant no.1 is husband, applicant no.2 is father-in-law and applicant no.3 is mother-in-law of the opposite party no.2. Marriage of applicant no.1 was solemnized on 05.12.2015 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 15.12.2016. Investigating Officer after investigation submitted charge-sheet on 21.08.2017 under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D. P. Act, on which the Magistrate concerned took cognizance on 22.08.2019. After submission of charge-sheet, the parties concerned have settled their dispute outside the Court and compromise deed has also been executed in this regard. It is next submitted that the said compromise deed dated 29.08.2019 has been filed by the opposite party no.2 before the trial court, but no order has been passed on the same. Copy of the said compromise application dated 29.08.2019 has been appended as Annexure No. 3 to this application.

In paras 4 and 6 of the counter affidavit dated 15.10.2019 filed on behalf of the opposite party no.2, it is mentioned that parties have entered into compromise and living separately. It is also mentioned that if impugned proceedings is quashed against the applicants, opposite party no.2 has no objection.

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.

Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise has already been 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 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 :- 15.10.2019

AK Pandey

 

 

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