Court No. - 1
Case :- APPLICATION U/S 482 No. - 24851 of 2018 Applicant :- Ishwar And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rahul Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Rahul Pandey, learned counsel for the applicants, Sri A.R. Chaurasia, for the opposite party no.2 and the learned A.G.A. for the State and perused the record.
The instant application has been filed seeking quashing of the proceeding of Case No. 3925 of 2015 arising out of case crime no. 02 of 2013 under sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, police station Mahila Thana, District Etah, charge-sheet dated 29.10.2014 and the cognizance order dated 6.10.2015 passed in the aforesaid case on the ground that the parties have entered into a compromise.
Learned counsel for the applicant submits that applicant no. 1 and opposite party no. 2 are husband and wife. They have amicably settled their dispute on 26.3.2013 before the Mediation and Conciliation Centre at Etah as is evident from annexure-2 of the present application which is an extract of Parcha No. 2 dated 19.11.2013 but in spite of the said fact, the Investigating Officer has submitted charge-sheet against the applicant. He pointed out that a divorce suit has also been filed by opposite party no. 2 before the competent court which is pending.
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.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we direct that the applicants shall file copy of the compromise before the court below within two weeks from today and, if any, such compromise is filed along with the application, the court shall call upon both the parties and verify whether any such compromise had taken place between them or not and pass appropriate order thereon expeditiously preferably within a period of two weeks from the date of filing of said compromise alongwith application by the applicant.
For a period of four weeks or till disposal of the application filed by the applicant along with compromise, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 25.7.2018 Shiraz