Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 28
Case :- U/S 482/378/407 No. – 190 of 2021
Applicant :- Vivek Kumar Tharu And Ors.
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Rajendra Singh Chauhan,Vineet Mishra
Counsel for Opposite Party :- G.A.,Santosh Srivastava
Hon’ble Mohd. Faiz Alam Khan,J.
Heard Sri Rajendra Singh Chauhan, learned counsel for applicants, Sri Rakesh Pandey, holding brief for Sri Santosh Srivastava, learned counsel for opposite party no.2 as well as Sri Rajeev Kumar Verma, learned A.G.A. for State.
The instant petition has been filed by the applicants to quash the proceedings of case no. 14735 of 2017, State v. Vivek and others arising out of case crime no.477/2016, under Sections 498A, 323,504,506 IPC Section 3/4 D.P. Act, P.S.Ashiyana, Lucknow, as well as the charge sheet dated 17.3.2017 and the summoning order dated 2.5.2017 on the basis that the parties have now amicably settled the dispute and the dispute between the parties is purely of matrimonial in nature.
Learned counsel for applicants as well as opposite party no.2 jointly submits that a written compromise has been placed at page no.47 of the paper book wherein it is stated that the parties have amicably compromised and settled the dispute and since the dispute was matrimonial in nature the proceedings of the courts below be quashed and this Court vide order dated 20.1.2021 was pleased to refer the matter to the Senior Registrar of this Bench for the purpose of verification of the compromise. However on two occasions the parties have been directed by the Courts to appear before the Senior Registrar but due to the bad health of opposite party no.2 the compromise could not be verified.
It is jointly requested by learned counsel for the applicants as well as by learned counsel for opposite party no.2 that one more opportunity be granted to the parties for the purpose of verification of the compromise.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.
Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it within 15 days from today, it shall issue notice to all its signatories requiring their personal presence and, thereafter, proceed to verify the compromise as soon as possible. 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 also allow the parties to obtain certified copy of the report as well as of compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.
For a period of two months, no coercive action shall be taken against the present applicants.
Office is directed to return the original compromise deed to learned counsel for the applicants after taking photocopy of the same on record.
Order Date :- 23.7.2021
Irfan