Court No. - 79
Case :- APPLICATION U/S 482 No. - 7539 of 2019 Applicant :- Munendra Kumar Pandey And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alkesh Singh Counsel for Opposite Party :- G.A.,Anand Pati Tiwari
Hon'ble Rajeev Singh,J.
Heard Sri Alkesh Singh, learned counsel for the applicants, learned AGA for the State and Sri Anand Pati Tiwari, learned counsel for respondent no.2.
The present application under Section 482 CrPC has been filed for quashing of the summoning order dated 24.12.2018 passed by Additional Sessions Judge/Special Judge (D.A.A.), Auraiya in complaint case no. 17 of 2017 (Gopal Ji Vs. Munendra Kumar and others), under Section 394, 506 IPC, P.S. Auraiya, District Auraiya,pending in the Court of Additional Sessions Judge/Special Judge (D.A.A.), Auraiya.
Learned counsel for the applicants submitted that the marriage of respondent no.2 was solemnized with Dipti, daughter of applicant no.1. He further submitted that due to matrimonial dispute in between respondent no.2 and Dipti, the prosecution in question was initiated by the respondent no.2 only with the intention to make pressure. He further submitted that all the issues in between respondent no.2 and Dipti has been resolved outside the Court and the controversy of the impugned proceedings is also a part of the compromise.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed within a period of six weeks from today, the court below shall 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 the disposal of the application/compromise, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 21.12.2021 SP