Court No. - 49
Case :- APPLICATION U/S 482 No. - 41229 of 2018 Applicant :- Nasim And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rohit Kumar Singh,Ram Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
A joint supplementary affidavit of the parties is filed today stating therein that petitioner no. 1, Nasim and Rabiya, are living together as husband and wife.
Learned counsel for the applicants submits that applicants will file the compromise in the court below and verified copy thereof would be filed before this court.
Heard learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The instant application has been filed seeking quashing of the further proceeding of Case No. 2192 of 2018,(State Vs. Nasim & Others) under sections 323,336,325,498-A,504,506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Phoolpur, District-Allahabad, pending in the court of Additional Chief Judicial Magistrate, Court No. 7, Allahabad and also quashing of the chargesheet dated 20-10-2016 in Case Crime No. 289 of 2016, under sections 323,336,325,498-A,504,506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Phoolpur, District-Allahabad.
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.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is 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 :- 19.12.2018 AKS (Vivek Chaudhary,J.)