Court No. - 86
Case :- APPLICATION U/S 482 No. - 17463 of 2021 Applicant :- Ram Gopal And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Asheesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants, Sri Sanjay Ojha, learned Advocate, who assures the Court to file vakalatnama on behalf of opposite party no.2 in the Registry by tomorrow and learned A.G.A. for the State.
This application has been moved with the prayer to quash the summoning order dated 29.8.2017 passed by Chief Judicial Magistrate, Muzaffar Nagar as well as entire criminal proceeding of Complaint No. 1793/9 of 2017 arising out of Case Crime No. 897 of 2015 under Section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act. Police Station- Mahila Thana, District- Muzaffar Nagar in the light of compromise dated 02.8.2021 arrived between the parties, copy of the same is annexed at annexure-8 in the application.
Learned counsel for the applicants states that matter has been compromised between the parties. He further states that the compromise dated 2.8.2021 (annexure-8) has been filed before the Court below but same has not been verified as yet by the learned court below.
On these facts, as the matter is of matrimonial nature and the parties have arrived for some amicable settlement regarding which compromise duly arrived at between the parties is pending verification before learned court below and, therefore, it would be in the interest of justice to protect the right of the applicant pending final disposal of the matter. Learned counsel also submits that as the parties have entered into amicable settlement, there is no likelihood of conviction in the matter.
As an interim measure, till the next date of listing, further proceedings of Complaint No. 1793/9 of 2017 arising out of Case Crime No. 897 of 2015 under Section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act. Police Station- Mahila Thana, District- Muzaffar Nagar shall be kept in abeyance.
However, learned counsel for the applicants, as prayed, is granted three weeks time to get the compromise deed (annexure-8) verified from the court below and file a certified copy thereof, on or before the next date of listing before this Court.
Learned counsel for the applicants is directed to file copy of this order before the court below within 10 days from today for compliance, failing which, interim protection given by this Court shall cease to operate and law will take its own course.
As prayed, put up as fresh on 22.11.2021.
Order Date :- 30.9.2021 Fhd