Court No. - 70
Case :- APPLICATION U/S 482 No. - 32545 of 2019 Applicant :- Noor Hasan And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge sheet No. 83 of 2017 dated 28.12.2017 as well as entire proceedings of Criminal Case No. 218 of 2017 (State vs. Noor Hasan and others) arising out of Case Crime No. 96 of 2017, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, police station Mahila Thana, district Baghpat pending in the court of ACJM, Baghpat.
It is submitted by learned counsel for the applicants that applicant No. 1 is husband and applicants No. 2 to 7 are brothers-in-law (Jeth) and sisters-in-law (Jethani) and applicant No. 8 is mother-in-law of opposite party No. 2. The marriage of applicant No. 1, Noor Hasan was solemnized on 30.7.2016 with opposite party No. 2, Smt. Mehruna, but their matrimonial life was not successful, as a result thereof, opposite party No. 2 (wife) on 12.9.2017 lodged first information report against the applicants and other co-accused persons for the offence under Sections 498-A, 323, 504, 506, 376, 511, 377, 354-B, 307 IPC and Section 3/4 Dowry Prohibition Act at police station Mahila Thana, district Baghpat, in which charge sheet has been submitted on 28.12.2017 only for the offence under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibiton Act. Thereafter applicant No. 1 and opposite party No. 2 have entered into a compromise and a settlement took place between them. It is also submitted that the said compromise application dated 26.7.2018 has been filed by the parties concerned before the Family Court in Case No. 211 of 2017, under Section 125 Cr.P.C. Pursuant to said compromise dated 26.7.2018, the case under Section 125 Cr.P.C. has been decided vide order dated 8.9.2018. The said compromise application dated 26.7.2018 and order dated 8.9.2018 have been brought on record as annexure Nos. 3 and 4 to the application.
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. Applicants are permitted to file compromise application before the concerned court below within three weeks.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise has 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 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 :- 26.8.2019 Sumaira