Court No. - 70
Case :- APPLICATION U/S 482 No. - 28626 of 2019 Applicant :- Waseem Khan And 7 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Devendra Saini Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Sri Shivajee Singh Sosodiya, Advocate has filed counter affidavit dated 16.7.2019 alongwith Vakalatnama on behalf of the opposite party no.2 is taken on record.
Heard learned counsel for the applicants and the learned A.G.A. for the State and 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 14.12.2018 arising out of Case Crime No. 177 of 2018 as well as cognizance order dated 2.3.2019 and proceedings of Case No. 414 of 2019 (State Vs. Waseem and others), under Sections 498A, 323, 504 IPC and 3/4 D.P. Act, Police Station Quilla, District -Bareilly pending in the court of Additional Chief Judicial Magistrate, Vth, Bareilly.
Learned counsel for the applicants submit that applicants and opposite party no.2 have amicably compromised their dispute on 2.7.2019 before the Additional Chief Judicial Magistrate, Court No.5, Bareilly. The compromise deed dated 2.7.2019, which has been filed before the trial court, has been filed as Annexure-3 to the present application. It is also stated that the opposite party no.2 (Smt. Gul Bano) is living with applicant no.1 (Waseem Khan) alongwith her children.
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 :- 25.7.2019
AK Pandey