Shri Ram Bux Rawat, Advocate has filed his 'Vakalatnama' on behalf of opposite party nos.2 and 3 and short counter affidavit is also filed on their behalf. The same is taken on record.
Heard Shri Rajiva Dubey, learned counsel for applicants, Shri Ram Bux Rawat, learned counsel appearing for opposite party nos.2 & 3, learned Additional Government Advocate for State and perused the record.
The instant petition has been filed by the applicants with the following prayers:
"Wherefore, it is most respectfully prayed in the interest of justice that this Hon'ble Court may kingly be pleased to allow this petition U/s 482 Cr.P.C. and quash the impugned summoning order dated 23.6.2021, passed by Learned Civil Judge (Junior Division)/Fast Track Court, New(Women), Lakhimpur Kheri vide Criminal Case No.284/2021, Crime No.68/2019, Police Station - Mahila Thana, District - Lakhimpur Kheri whereby summoning the petitioner no.1 U/s 498-A/323/494 I.P.C. & 3/4 of the Dowry Prohibition Act and summoning the petitioner no.2 U/s 498-A/323 I.P.C. & 3/4 of the Dowry Prohibition Act and also quash the impugned charge sheet submitted against the petitioner no.1 vide Criminal Case No.284/2021, Crime No.68/2019, U/s 498-A/323/494 I.P.C. & 3/4 of the Dowry Prohibition Act, Police Station - Mahila Thana, District - Lakhimpur Kheri and against the petitioner no.2 U/s 498-A/323 I.P.C. & 3/4 of the Dowry Prohibition Act, Police Station - Mahila Thana, District - Lakhimpur Kheri, contained as Annexure No.1 and 2 to this petition.
It is further prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceedings pending against the petitioners in the court of Learned Civil Judge (Junior Division)/Fast Track Court, New(Women), Lakhimpur Kheri vide Criminal Case No.284/2021, Crime No.68/2019, Police Station - Mahila Thana, District - Lakhimpur Kheri in pursuance of the summoning order and charge sheet."
Learned counsel for applicants as well as learned counsel for opposite party no.2 & 3 jointly submit that due to some misunderstanding, the first information report was lodged by the opposite party no.3 against the applicants and after investigation charge sheet was filed and the Magistrate has also taken cognizance of the offence and issued summons against the applicants, however, better sense has now prevailed between the parties and they have amicably settled their dispute and a written compromise has been executed between them, the same is placed as Annexure No.4 of the paper book.
It is further submitted that the dispute between the parties is purely of matrimonial nature and the parties have decided to part their ways and if the instant criminal case shall be allowed to remain alive, the same may generate another round of litigation between the parties.
Learned A.G.A. would have no objection to the prayer made by learned counsel for applicants as well as learned counsel for opposite party no.2 & 3 because the dispute between the parties is purely of matrimonial nature.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.
Accordingly, this application is disposed of with direction to the court concerned that if any such compromise is filed before it within a period of 10 days from today, it shall issue notice to all its signatories 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.
For a period of 30 days from today, the applicants shall not be arrested in lieu of any coercive process which might have been issued by the trial court in the above mentioned case.
Office is directed to return the original compromise deed to learned counsel for the applicants after taking photocopy of the same on record.
Order Date :- 12.8.2021 Anupam S/-