Court No. - 70
Case :- APPLICATION U/S 482 No. - 35821 of 2019 Applicant :- Mohammad Tariq And 5 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Zia Uddin Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Sri A.R.Khan, learned Advocate has filed his Vakalatnama on behalf of the opposite party no.2, which is taken on record.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State, 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 to quash the charge-sheet No.08 of 2017 dated 26.05.2017 arising out of Case Crime No.36 of 2016, cognizance order dated 19.07.2017 and proceedings of Case no.366 of 2016 (State vs. Mohammad Tariq and others), under Sections 498-A, 504, 506 I.P.C.& 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District - Allahabad, pending in the court of Additional Chief Judicial Magistrate, Room No.17, Allahabad.
It is submitted by the learned counsel for the applicant that the applicant no.1 Mohammad Tariq is husband and applicant nos.2, 3, 4, 5 & 6 are family members of opposite party no.2 Shama Parveen. Marriage of applicant no.1 was solemnized on 01.11.2013 with the opposite party no.2, but at that time on account of acrimonious relation between applicant no.1 and opposite party no.2, F.I.R. was lodged on 25.10.2016 by the opposite party no.2 under sections 498-A, 354, 377, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act against the applicants at Police Station Mahila Thana, District Allahabad. Opposite party no.2 also initiated proceeding under section 125 Cr.P.C. against the applicant no.1. Pursuant to aforesaid F.I.R., chargesheet was submitted on 26.05.2017 on which magistrate concerned took cognizance on 19.07.2017.
It is submitted that in the meantime, applicant no.1 and opposite party no.2 has settled their dispute outside the Court and they have entered into compromise on 01.04.2019. Opposite party no.2 has filed the aforesaid compromise application before the court of Additional Chief Judicial Magistrate, Court No.17, Allahabad. Certified copy of the same has been appended as Annexure No.4 to the application. It has also been pointed out that pursuant to settlement/compromise between the parties concerned, Maintenance Case No.930 of 2016 (Smt.Shama Parveen and another vs. Mohammad Tariq) filed by opposite party no.2 has been dismissed by order dated 16.08.2018. Lastly, it is submitted that opposite party no.2 is living with applicant no.1 in her matrimonial home and there is no dispute between them.
Learned counsel appearing on behalf of opposite party no.2 does not dispute the aforesaid fact.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise has already 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 applicant 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 :- 26.9.2019 SKD