Court No. - 70
Case :- APPLICATION U/S 482 No. - 36134 of 2019 Applicant :- Saddam And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate on behalf of the opposite party no.1/State and perused the record with the assistance of learned counsel for the parties.
This application under section 482 Cr.P.C. has been preferred by the applicants with a prayer to quash the charge-sheet No.374 of 2018 dated 27.07.2018 arising out of Case Crime No.602 of 2017, cognizance/summoning order dated 14.02.2019 and proceeding of Case No.138/602 of 2017 (State vs. Saddam and others), under sections 498-A, 323, 504, 506 I.P.C. & Section ¾ Dowry Prohibition Act, Police Station Jani, District Meerut, pending in the court of Additional Chief Judicial Magistrate-Xth, Meerut.
It is submitted by learned counsel for the applicants that applicant no.1 Saddam is husband, applicant no.2 Ahsan @ Lalu is father-in-law, applicant no.3 Saban is brother-in-law of opposite party no.2 Smt.Asma. Marriage of applicant no.1 was solemnized on 03.03.2012 with opposite party no.2, but their marriage was not successful as a result thereof on account of acrimonious relation at that time, opposite party no.2 lodged F.I.R. dated 29.11.2017 against applicants, in which charge- sheet was submitted on 27.07.2018, on which magistrate concerned took cognizance on 14.02.2019.
It is submitted that thereafter applicant no.1 and opposite party no.2 have settled their dispute outside the Court and thereafter opposite party no.2 (Smt.Asma) moved an application dated 14.08.2019 before the Court of Additional Chief Judicial Magistrate- Xth, Meerut mentioning therein that she has settled her dispute with accused persons and she is living with her husband (applicant no.1) in her matrimonial home. Prayer has been made to decide the case in terms of compromise. Certified copy of said application dated 14.08.2019 has been appended as Annexure No.5 to the application.
Whether the parties have, in fact, compromised the matter or not, can be best 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 promise 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 SKD