Court No. - 70
Case :- APPLICATION U/S 482 No. - 36416 of 2019 Applicant :- Saddam Husain And 6 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Jai Singh Yadav 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 applicants to quash the charge sheet dated 04.04.2018 Case No. 5911/9 of 2018 arising out of Case Crime No. 23 of 2018, under sections 498-A, 323, 354, 504, 506 IPC and section 3/4 of Dowry Prohibition Act, police station Mahila Thana, District Moradabad pending in the court of A.C.J.M. court No. 4, Moradabad.
It is submitted by the learned counsel for the applicants that the applicant No. 1 is husband and applicant Nos. 2 and 3 are the brothers-in-law (Jeth), applicant Nos. 4 and 5 are the parents-in- law and applicant Nos. 6 and 7 are the sisters-in-law (Jethani) of opposite party No. 2, Smt. Farazana. Marriage of applicant no.1 was solemnized on 02.07.2017 with opposite party no. 2, but their marriage was not successful, as a result thereof, on account of acrimonious relation, opposite party no. 2 lodged the impugned FIR on 28.1.2018, under sections 498-A, 323, 354, 504, 506 IPC and section 3/4 of Dowry Prohibition Act at police station Mahila Thana, district Moradabad against the applicants, in which Investigating Officer after investigation submitted charge-sheet on 04.04.2018, on which the Magistrate concerned took cognizance on 7.6.2018. After submission of charge-sheet, the parties concerned entered into a compromise outside the Court and settlement arrived at between the parties concerned and a compromise deed has also been executed between them on 03.09.2019, copy of compromise deed has been appended as Annexure 7 to the accompanying affidavit.
It is submitted that no compromise application has yet been filed before the concerned court below, where criminal proceeding is pending against the applicants and requested to allow the applicants to move compromise application before the concerned court below.
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.
On the request made by learned counsel for the applicants three weeks time is allowed to the applicants to file compromise application before the concerned court below.
Accordingly, this application is disposed of with a direction to the court concerned that in case such compromise application is filed by the applicants before it within aforesaid period, 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 :- 30.9.2019 Sazia