Court No. - 52
Case :- APPLICATION U/S 482 No. - 8426 of 2018 Applicant :- Sohan Pal And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Pradeep Kumar Rai,Saurabh Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 28.3.2015 and congnizance order dated 29.3.2016 in Case Crime No.155 of 2015, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.s. Mahila Thana, District Meerut.
Learned counsel for the applicants states that the proceedings under Challenge relates to matrimonial dispute. He further submitted that the parties have settled all their differences and are living together in the same house as husband and wife. He further argued that in the instant application, a joint affidavit of applicant no.1 and opposite party no.2 has been filed. He further submits that a compromise dated 20.1.2018 has been filed by applicant no.1 and opposite party no.2 as Annexure no.3 to the affidavit.
Learned counsel for respondent 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 opposite party 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 law based on the decision of the Apex Court rendered in Gian Singh Vs. State of Punjab and another in Special Leave Petition (Crl.) No.8989 of 2010 decided on 24the September, 2012.
For a period of two months from today, no coercive action shall be taken against the applicant, in the aforesaid case.
With the aforesaid observation, the application is disposed of finally.
Order Date :- 30.3.2018 Hasnain