Court No. - 70
Case :- APPLICATION U/S 482 No. - 35957 of 2019 Applicant :- Neeraj Malhotra And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Sri Pradeep Kumar Tiwari, learned Advocate has filed short counter affidavit along with 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 entire proceedings of Criminal Case No. 275 of 2015 (State vs. Neeraj) arising out of Case Crime No. 211 of 2013, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, police station Mahila Thana, district Agra pending in the court of ACJM, court No. 5 Agra.
It is submitted by learned counsel for the applicants that applicant no. 1 and 2 are husband and mother-in-law of opposite party no. 2. The Marriage of applicant no.1 was solemnized on 15.2.2019 with opposite party no. 2, but their marriage was not successful, as a result thereof, on account of acrimonious relation, opposite party no. 2 lodged the impugned FIR on 8.9.2013 against the applicants, which was registered as Case Crime No. 211 of 2013, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibiton Act at police station Mahila Thana, district Agra. The Investigating Officer after investigation submitted charge-sheet on 29.3.2013, on which the Magistrate concerned took cognizance on 20.5.2014. It is also submitted that till date trial is pending, but no prosecution witness has been examined in the trial. Applicant No. 1 and opposite party No. 2 have settled their dispute outside the Court in September, 2018, and thereafter, they have jointly filed a petition on 6.9.2018, under Section 13-B of Hindu Marriage Act registered as Petition No. 147 of 2018 before the Family Court, Agra. The copy of said divorce petition has been brought on record as annexure No. 3 to the application. Opposite party No. 2 in her counter affidavit has also stated that on the basis of compromise, she want to withdraw her case.
Learned counsel appearing on behalf of opposite party No. 2 does not dispute the aforesaid facts.
It is submitted that no compromise application has yet been filed before the concerned court below, where criminal proceeding is pending against the applicants and requested to allow the applicants to move compromise application before the concerned court below.
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.
On the request made by learned counsel for the applicants three weeks time is allowed to the applicants to file compromise application before the concerned court below.
Accordingly, this application is disposed of with a direction to the court concerned that in case such compromise application is filed by the applicants before it within aforesaid period, 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 :- 26.9.2019 Sumaira