Court No. - 70
Case :- APPLICATION U/S 482 No. - 29532 of 2019 Applicant :- Hasrat And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Avnish Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Mr. Mohd Anas Raza, Advocate has filed his Vakalatnama on behalf of the opposite party no.2, alongwith short counter affidavit supporting the case of the applicants, which are taken on record.
Heard learned counsel for the applicants, learned counsel for opposite party No. 2 and the 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 proceedings of Case No. 2089/9 of 2018 arisng out of Case Crime No.170 of 2017, under Sections 498-A, 323, 504, 376, 377, 354, 307 IPC and 3/4 D.P. Act, police station Sarurpur, district Meerut pending in the court of ACJM, court No. 6, Meerut.
Learned counsel for the applicants submitted that now applicant No. 1 (husband) and opposite party No.2, Smt. Rabia (wife) are living together, hence the acrimonious relations between them has come to an end and a settlement has taken place on 13.7.2019. The compromise affidavit dated 13.7.2019 has been appended 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. Applicants are permitted to file compromise application before the concerned court below within two weeks.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is 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 :-30.7.2019 Sumaira