Court No. - 70
Case :- APPLICATION U/S 482 No. - 32128 of 2019 Applicant :- Himanshu Rawat And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Shri Rajnee Kant Pandey, learned Advocate has filed his Vakalatnama along with counter affidavit on behalf of opposite party No.2, which is taken on record.
Heard learned counsel for the applicants and the learned A.G.A. for the State and Shri Rajnee Kant Pandey, 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 order dated 16.11.2018 passed by Civil Judge (Senior Division)/FTC, Gautam Buddh Nagar in Criminal Case No. 158 of 2017 (State vs. Himanshu Rawat and others) arising out of Case Crime No. 41 of 2016, under Sections 498-A, 323, 504 IPC and Section 3/4 Dowry Prohibition Act, police station Mahila Thana, district Gautam Buddh Nagar as well as entire proceedings of aforesaid case.
It is submitted by learned counsel for the applicants that applicant No. 1, is husband of opposite party No.2. The marriage of applicant No. 1 was solemnized on 3.3.2016 with opposite party No. 2, but their matrimonial life was not successful, as a result thereof, opposite party No. 2 (wife) on 29.4.2016 lodged first information report against the applicants and other co-accused persons for the offence under Sections 498-A, 323, 504, 506, 376, 511, 377, 511, 406 IPC and Section 3/4 Dowry Prohibition Act at police station Mahila Thana, district Gautam Buddh Nagar, in which charge sheet has been submitted. Thereafter by order dated 16.11.218, charges under Sections 498-A, 323 and 504 IPC have been framed against the applicants. It is further submitted that after the order dated 16.11.2018, the parties have entered into a compromise and settlement took place between them, and thereafter, applicant No. 1 and opposite party No. 2 have filed petition under Section 13-B of Hindu Marriage Act for decree of divorce by mutual consent before Principal Judge, Family Court, Gautam Buddh Nagar, copy of said petition has been 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 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 has 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 :- 22.8.2019 Sumaira