Court No. - 70
Case :- APPLICATION U/S 482 No. - 28675 of 2019 Applicant :- Sanju Pal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Tabassum Hashmi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Sri Akhtar Ali, Advocate has filed his Vakalatnama on behalf of the opposite party no.2 is taken on record.
Heard learned counsel for the applicant and the learned A.G.A. for the State and learned counsel for the opposite party no.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 12.01.2018 arising out of Case Crime No. 63 of 2017 and proceedings of Case No. 3511 of 2017, under Sections 498A, 323, 506 IPC and 3/4 D.P. Act, Police Station Mahilta Thana, District -Ghaziabad pending in the court of Additional District Judge, Court No.2, Ghaziabad.
Learned counsel for the applicant submit that applicant and opposite party no.2 have amicably compromised their dispute on 05.02.2019 before the Principal Judge, Family Court, Ghaziabad. The applicant has filed copy of petition under Section 13B of Hindu Marriage Act as Annexure no.4 showing that compromise has taken place between the parties concerned.
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. Applicant is 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 applicant 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 applicant in the aforesaid case.
Order Date :- 25.7.2019 AK Pandey