Court No. - 52
Case :- APPLICATION U/S 482 No. - 6329 of 2018 Applicant :- Ankit And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sanjeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sanjeev Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant application has been filed by the applicants with the prayer to quash the entire proceedings and the charge sheet dated 3.5.2017 as well as cognizance order dated 21.12.2017 passed by Additional chief Judicial Magistrate-I, J.P. Nagar, in Criminal Case no.435 of 2017 (State Vs. Ankit and others) arising out of case crime no.360 of 2016, under Sections 323, 354B, 498A, 506 IPC and 3/4 D.P. Act, P.S. Dhanaura District J.P. Nagar, Amroha, pending in the Court of Additional Chief Judicial Magistrate-1, J.P. Nagar, Amroha.
Learned counsel for the applicants submits that the dispute between the parties has been amicably settled and compromise has taken place between the parties. He further submits that the said compromise was filed before the Court concerned. Learned counsel for the applicants has placed reliance on the judgement of the Apex Court in the case of Narinder Singh & ors. Vs. State of Punjab and anr. reported in (2014) 6 SCC 466.
Learned counsel for the applicants states that opposite party no.2 had instituted a complaint case under Section 406 IPC which was referred to Mediation and Conciliation Centre of this Court vide order dated 18.7.2017 in Application 482 No.21158 of 2017, pursuant thereto both the parties appeared before the Mediation Centre and by order dated 26.10.2017 mediation succeeded. Learned counsel for the applicants has further contended that even in the divorce proceedings, a compromise has been filed for divorce by way of mutual consent. In the present proceedings before the court below a compromise dated 15.1.2018 has been filed.
Learned counsel for respondent no.2 as well as learned AGA submits that the applicants be permitted to appear before the Magistrate who may verify the said compromise from opposite party no.2.
Considering the submissions made by learned counsel for the parties, the applicants are directed to file an application within four weeks from today before the court concerned for deciding the compromise between the parties. Learned Magistrate after verifying the compromise from opposite party no.2, shall pass suitable orders within four weeks thereafter in accordance with the provisions of law.
Till the verification of the aforesaid compromise, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid observations/directions, the application stands disposed of.
Order Date :- 27.2.2018 Hasnain