Shri Ajay Pandey, learned Advocate has filed his 'Vakalatnama' on behalf of the opposite party no.2. The same is taken on record.
Heard Shri Prashant Shukla, learned counsel for applicants, Shri Ajay Pandey, learned counsel appearing for opposite party no.2, Shri Rajeev Kumar Verma, learned Additional Government Advocate for State and perused the record.
The instant petition has been filed by the applicant with a prayer to quash the impugned charge sheet dated 07.01.2021 and summoning order dated 20.07.2021 along with the entire proceedings of Case No.26229/2021 pertaining to F.I.R. No.0654 of 2019, under Section 506 I.P.C., Police Station Gomti Nagar, District Lucknow pending before learned Chief Judicial Magistrate, Lucknow.
Learned counsel for applicant as well as learned counsel for opposite party no.2 jointly submit that the applicant is daughter-in-law of the opposite party no.2 and due to some misunderstanding the F.I.R. was lodged by the opposite party no.2 against the applicant, however, better sense has now prevailed between the parties and they have amicably settled their dispute and a written compromise has been executed between them, the same is placed as Annexure No.4 of the paper book.
It is further submitted that the dispute between the parties is purely of matrimonial/private in nature and neither the society nor public at large was having any stake therein and since the parties have decided to part their ways and if the instant criminal case shall be allowed to remain alive, the same may generate another round of litigation between the parties.
It is also submitted by them that another criminal case between the parties is directed to be listed before the trial court on 07.09.2021 for the purpose of verification of the compromise filed therein.
Learned A.G.A. would have no objection to the prayer made by learned counsel for applicants as well as learned counsel for opposite party no.2 because the dispute between the parties is purely of matrimonial/private in nature.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.
Accordingly, this application is disposed of with direction to the court concerned that if any such compromise is filed before it within a period of 10 days from today, it shall issue notice to all its signatories requiring their personal presence on 07.09.2021 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.
For a period of 30 days from today, the applicants shall not be arrested in pursuance of any coercive process which might have been issued by the trial court in the above mentioned case.
Office is directed to return the original compromise deed to learned counsel for the applicants after taking photocopy of the same on record.
Order Date :- 17.8.2021 Anupam S/-