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Veerpal And Anr vs State Of U.P. And Another on 4 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 39322 of 2019

Applicant :- Veerpal And Anr

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Niklank Kumar Jain

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri Somveer, learned Advocate has filed his 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 with joint affidavit of Veerpal Singh (husband/applicant no.1) and Smt. Archana @ Divya (wife/opposite party no.2) to quash the charge-sheet no. 111 of 2019 dated 24.05.2019 arising out of Case Crime No. 54 of 2019 as well as cognizance order dated 02.08.2019, under Sections 498A, Section323, Section506 IPC and 3/4 D.P. Act, Police Station Jaithra, District -Etah pending in the court of Additional Chief Judicial Magistrate, Court No.17, Etah.

It is submitted by learned counsel for the applicants that the applicant no.1 is husband, applicant no.2 is mother-in-law of opposite party no. 2. Marriage of applicant no.1 was solemnized on 23.11.2016 with opposite party no.2, but on account of acrimonious relation at that time opposite party no.2 lodged the impugned FIR on 16.02.2019 against the applicants under Sections 498A, Section323, Section506 IPC and 3/4 D.P. Act, in which Investigating Officer after investigation submitted charge-sheet dated 24.05.2019 against the applicant. Thereafter, parties concerned have settled their dispute outside the Court. Pursuant to said settlement Case No. 165 of 2019 under Section 125 Cr.P.C. filed by opposite party no.2 has been withdrawn vide order dated 13.07.2019. Certified copy of the said order dated 13.07.2019 has been appended as Annexure No.5 to the application.

Learned counsel for the opposite party no.2 did not dispute the aforesaid facts.

It is submitted that no compromise application has yet been filed before the concerned court below, where criminal proceeding is pending against the applicants 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 applicant 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 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 :- 4.11.2019

AK Pandey

 

 

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