Court No. - 70
Case :- APPLICATION U/S 482 No. - 36114 of 2019 Applicant :- Rajnish Tyagi And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 12.06.2019 as well as the entire proceedings of Case No. 771 of 2019 (State vs Rajnish Tyagi and others) arising out of Case Crime No. 38 of 2019, under sections 498-A, 452, 323, 504, 506 IPC and section 3/4 of Dowry Prohibition Act, police station Hapur Dehat, district Hapur pending in the court of Additional Chief Judicial Magistrate, Hapur.
It is submitted by the learned counsel for the applicant that the applicant no.1 is husband of opposite party no. 3 and applicant Nos. 2 and 3 are father and brother of applicant No. 1. Marriage of applicant no.1 was solemnized on 09.12.2017 with opposite party No.3, but their marriage was not successful, as a result thereof, on account of acrimonious relation, the opposite party No. 3 lodged the FIR dated 26.01.2019 against the applicants. Investigating Officer after investigation submitted charge-sheet on 12.06.2019, thereafter the parties concerned entered into a compromise and settlement arrived at between the parties concerned. Pursuant to the said compromise, a divorce petition under section 13-B of Hindu Marriage Act has been filed by them before Principal Judge, Family Court, Meerut, which is still pending. It is also submitted that compromise application has also been filed by opposite party No. 2 (father of opposite party No. 3/Smt. Sandhaya) before the Additional Chief Judicial Magistrate, Hapur on 20.08.2019, which is also pending, certified copy of said compromise application dated 20.08.2019 has been brought on record as Annexure 3 to the accompanying affidavit.
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.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise has already 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 :- 27.9.2019 Sazia