Court No. - 70
Case :- APPLICATION U/S 482 No. - 27129 of 2019 Applicant :- Sonu And Anr Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.,J.B. Singh
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit dated 30.7.2019 filed on behalf of the applicants pursuant to order dated 15.7.2019 annexing the certified copy of compromise dated 19.7.2019 filed before the Court of A.C.J.M.-I, Bulandshahr is taken on record.
Heard Sri Ajay Kumar, learned counsel for the applicants, learned A.G.A. for the State and Sri J.B. Singh, 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 applicants with a prayer to quash the charge-sheet dated 17.09.2018 arising out of Case Crime No. 12 of 2018 and proceedings of Case No. 4818 of 2018 (State Vs. Sonu and others), under Sections 498A, 323, 307, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District -Bulandshahar pending in the court of Additional Chief Judicial Magistrate-I, Bulandshahar.
It is submitted by the learned counsel for the parties that it is matrimonial dispute and they have entered into compromise dated 19.7.2019. Copy of compromise dated 19.7.2019 filed before the Additional Chief Judicial Magistrate-I, Bulandshahar has brought on record as Annexure No.1 to the supplementary affidavit 30.7.2019.
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.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise 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 :- 30.7.2019 AK Pandey