Court No. - 70 Case :- APPLICATION U/S 482 No. - 29074 of 2019 Applicant :- Rinku Chauhan And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Sri Ashish Kumar Gaur, Advocate, has filed counter affidavit alongwith his vakalatnama on behalf of opposite party no.2 is taken on record.
Heard Sri Rakesh Sharma, learned counsel for the applicants, learned A.G.A. for the State/opposite party no.1 and Sri Ashish Kumar Gaur, learned counsel appearing on behalf of opposite party no.2 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.25 of 2019 dated 11.01.2019 arising out of Case Crime No.298 of 2018 and proceedings of Case No.649 of 2019, under Sections 498A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Gandhi Park, District -Aligarh, pending in the court of Additional Chief Judicial Magistrate-III, Aligarh.
It is submitted by the learned counsel for the applicants that after lodging the FIR of this case, matrimonial dispute between the parties concerned have been settled and after making compromise, applicant no.1 Rinku Chauhan (husband) and opposite party no.3 Smt.Rajani Singh (wife of applicant no.1) started living together, as such, acrimonious relation between them has come to an end. It is next submitted that on 14.12.2018, opposite party nos.2 & 3 moved an affidavit before the SSP, Aligarh to drop the proceeding of this case on the ground of compromise between the applicant no.1 and opposite party no.3, but the investigating officer ignoring the said affidavit submitted the chargesheet on 11.01.2019. It is also submitted that on 09.03.2019, the proceeding initiated by the opposite party no.3 under section 125 Cr.P.C. has also been dismissed by the family court, Aligarh on the ground of compromise. The said affidavit and order dated 09.03.2019 have been appended as Annexure Nos. 3 & 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 two weeks.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is 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 :- 30.7.2019 SKD