Court No. - 79
Case :- APPLICATION U/S 482 No. - 19823 of 2021 Applicant :- Modh Adil @ Gulrez Mohammad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
The present application has been filed with the prayer to quash the charge sheet dated 07.08.2021 filed in Case Crime No.23 of 2020, under Sections 498-A, 323, 504 I.P.C. and Sections 3/4 of D.P. Act, Police Station Mahila Thana, District Banda, along with the further prayer to stay the further proceedings in pursuant to the cognizance order dated 25.08.2021 passed by Civil Judge-I (J.D.), Banda, under Sections 498-A, 323, 504 I.P.C. and Sections 3/4 of D.P. Act, Police Station Mahila Thana, District Banda during pendency of the present application.
Learned counsel for the applicant submits that there is matrimonial dispute between the parties and they have amicably settled their dispute outside the court by way of 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, it shall issue notice to all its signatories 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.
For a period of six weeks, no coercive action shall be taken against the present applicant.
Order Date :- 22.12.2021 S. Shivhare/-