Court No. - 52
Case :- APPLICATION U/S 482 No. - 10275 of 2018 Applicant :- Satish And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.,Santosh Kumar Mishra Hon'ble Rajul Bhargava,J.
Heard Sri Manoj Kumar Srivastava, learned counsel for the applicants, Sri Santosh Kumar Mishra, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing Criminal Case No.9907 of 2017 arising out of Case Crime No.451 of 2016 (State vs. Satish and others) u/s 498A, 323 IPC and 3/4 of Dowry Prohibition Act, P. S.Quarsi, District-Aligarh, pending before the Court of Chief Judicial Magistrate, Aligarh.
It is contended by learned counsel for the applicant submitted that the dispute between the applicants and O. P. no.2 is matrimonial one and they have settled their difference and they have entered into compromise. In this behalf compromise dated 21.11.2016 filed before the Court below has been filed as Annexure-3 to the affidavit accompanying this application and the matter has been settled between the parties.
Learned counsel for the O. P. No. 2 does not dispute the fact that compromise has been entered into between the parties and the opposite party No. 2 does not want to pursue the matter any further.
Learned counsel for O. P. no.2 as well as learned AGA submits that the applicants be permitted to appear before the Magistrate who may verify the said compromise from O. P. no.2.
Considering the submissions made by learned counsel for the parties, the applicants are directed to file an application within two weeks from today before the court concerned for deciding the compromise between the parties. Learned Magistrate after verifying the compromise from opposite party no.2, shall pass suitable orders within eight weeks thereafter in accordance with the provisions of law, and law laid down by Hon'ble Apex Court.
However, it is provided that no coercive action shall be taken against the applicants in the aforesaid case till the period of two months from today.
With the aforesaid observation, the application is disposed of finally.
Order Date :- 29.3.2018
Manish Himwan