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Vikas Singh And 4 Others vs State Of U.P. And Aother on 14 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 39123 of 2019

Applicant :- Vikas Singh And 4 Others

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

Counsel for Applicant :- Rana Pratap Singh,Kunwar Rajan

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.

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 17.07.2017 arising out of case crime no. 0072 of 2017 and proceedings of case no. 11051 of 2017, under Sections 498A, Section323 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District -Moradabad pending in the court of Additional Chief Judicial Magistrate, Court No.4, Moradabad on the basis of compromise.

It is submitted by the learned counsel for the applicants that applicant no.1 is husband, applicant no.2 is mother-in-law, applicant no.3 is father-in-law, applicant no.4 is brother-in-law and applicant no.5 is mediator of marriage of opposite party no.2. Marriage of applicant no.1 was solemnized on 9.3.2015 with opposite party no.2, but their marriage was not successful, as a result thereof on account of acrimonious relations at that time, opposite party no.2 lodged FIR on 16.02.2017 against the applicants making allegations of her harassment and torture by the accused persons in her matrimonial home, in which charge-sheet submitted on 17.7.2017. Thereafter, parties concerned have entered into compromise and pursuant to said compromise, applicant no.1 and opposite party no.2 have preferred petition under Section 13B of Hindu Marriage Act before Family Court, which is still pending. It is pointed out that on 28.8.2019, opposite party no.2 moved a compromise application to the concerned court below in case no. 11051 of 2017 praying therein to drop the criminal proceedings against the accused persons, which is still pending. Copy of the said compromise appended as Annexure No.3 to the application.

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 :- 14.11.2019

AK Pandey

 

 

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