Court No. - 70
Case :- APPLICATION U/S 482 No. - 32152 of 2019 Applicant :- Vishal Agarwal And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pawan Kumar Rao Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State 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 11.4.2019, cognizance order dated 18.5.2019 as well as entire proceedings of Criminal Case No. 13332 of 2019 (State vs. Vishal Agarwal and others) arising out of Case Crime No. 371 of 2018, under Sections 498-A, 323, 504, 354 IPC and 3/4 D.P. Act, police station Kotwali, district Kanpur Nagar pending in the court of Chief Judicial Magistrate, Kanpur Nagar.
It is submitted by learned counsel for the applicants that applicant No. 1 is husband, applicant No. 2 is mother-in-law, applicant No. 3 is maternal aunt, applicant No. 4 is married sister-in-law, applicant No. 5 is maternal uncle and applicant No. 6 is maternal aunt of opposite party No. 2. The marriage of applicant No. 1 was solemnized on 30.6.2018 with opposite party No. 2, but their matrimonial life was not successful, as a result thereof, opposite party No. 2 on 17.12.2018 lodged first information report against the applicants for the offence under Sections 323, 504, 354, 313 IPC and Section 3/4 Dowry Prohibition Act. at police station Kotwali, district Kanpur Nagar, in which charge sheet has been submitted on 11.4.2019.
The submission of learned counsel for the applicants is that during the pendency of the investigation, the parties have entered into a compromise and settlement between them took place and this fact was brought to the knowledge of the S.S.P. concerned as well as the Investigating Officer, but the Investigating Officer ignoring the said fact, has submitted charge sheet. He has also pointed out that the admitted compromise has been executed between the parties concerned on 9.3.2019, appended as annexure No. 6 to the application.
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. Applicants are permitted to file compromise application before the concerned court below within three 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 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 :- 22.8.2019 Sumaira