Court No. - 70
Case :- APPLICATION U/S 482 No. - 36380 of 2019 Applicant :- Vikram Jeet Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Durga Prasad Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Sri V.N. Mishra, learned Advocate has filed short counter affidavit alongwith his Vakalatnama on behalf of the opposite party no.2, which is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State, 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 to quash the proceedings of case no. 4800317 of 2018 (UPGZ04067942-2018) (State Vs. Vikram Jeet Singh and others) as well as cognizance order dated 15.12.2018, under Sections 498A, 323 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District -Ghaziabad pending in the court of VIII A.C.J.M., Ghaziabad.
It is submitted by the learned counsel for the applicant that the applicant is husband of opposite party no.2. Marriage of applicant was solemnized on 27.02.2015 with the opposite party no.2, but their marriage was not successful, as a result thereof, on account of acrimonious relation, the opposite party no. 2 lodged the impugned FIR dated 25.05.2018 registered as case crime no. 0174 of 2018, under sections 498A, 323 IPC and 3/4 D.P. Act at Police Station Mahila Than, District Ghaziabad making allegations of her harassment and torture by the applicant in her matrimonial home. The Investigating Officer after investigation submitted charge-sheet on 12.11.2018, on which the Magistrate concerned took cognizance on 15.12.2018. It is next submitted that thereafter parties concerned entered into compromise and a settlement arrived at between the parties concerned. Pursuant to the said compromise, they have filed petition under Section 13B of Hindu Marriage Act on 21.05.2019 registered as Case No. 1143 of 2019 before the Principal Judge, Family Court, Ghaziabad. Certified copy of the said petition dated 21.05.2019 has been appended as Annexure No. 3 to the application. The opposite party no.2 in paragraph no.9 of short counter affidavit has also mentioned that she does not want to pursue the criminal proceedings against the applicant.
It is submitted that no compromise application has yet been filed before the concerned court below, where criminal proceeding is pending against the applicant and requested to allow the applicant to move compromise application before the concerned court below.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court.
On the request made by learned counsel for the applicant three weeks time is allowed to the applicant to file compromise application before the concerned court below.
Accordingly, this application is disposed of with a direction to the court concerned that in case such compromise application is filed by the applicant before it within aforesaid period, 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 :- 30.9.2019 AK Pandey