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Vineet @ Sonu And 4 Others vs State Of U.P. And Another on 6 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 30411 of 2019

Applicant :- Vineet @ Sonu And 4 Others

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

Counsel for Applicant :- Sunil Kumar Pathak

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri Lalit Srivastava, Advocate holding brief of Sri Rakesh Kumar Pandey, learned counsel for the opposite party no.2 has filed short counter affidavit alongwith 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 and 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 entire proceedings of Case No. 1298/9 of 2019 arising out of case crime no. 155 of 2018 (State Vs. Vineet @ Sonu and others), under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Babri, District -Shamli pending in the court of Chief Judicial Magistrate, Shamli.

Learned counsel for the applicants submitted that applicant no.1 is husband, applicant no.2 is father-in-law, applicant no.3 is mother-in-law, applicant no.4 is Jeth and applicant no.5 is Devar of the opposite party no.2, Smt. Anita wife of Vineet (applicant no.1). It is next submitted that in this case FIR was lodged by the opposite party no.2 on 15.12.2018 against the applicants, in which charge-sheet was submitted on 14.1.2019, on which, the Magistrate concerned took cognizance on 4.4.2019. Thereafter, the parties have entered into compromise and settlement between the parties concerned took place on 6.7.2019 and compromise deed has also been executed. The said compromise deed dated 6.7.2019 has been filed by the parties concerned before the concerned court below. The certified copy of the said compromise dated 6.7.2019 has also brought on record as Annexure No.2 to 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.

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 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

AK Pandey

 

 

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