Naveen Singh and 7 Ors v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 25747 of 2019 Applicant :- Naveen Singh And 7 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Vikram Singh Counsel for Opposite Party :- G.A.,R.K.Paramhans Singh,Vivek Kumar Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P., learned counsel appearing on behalf of opposite party no. 2 and perused the record. 2-This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 13.02.2019 and proceedings of complaint case no. 229 of 2019 (Vandana Singh vs. Naveen Singh and others), under Sections 498-A, 323, 504 I.P.C. and Sections 3/4 D.P. Act, Police Station Shivpur, District Varanasi pending in the Court of Additional Chief Judicial Magistrate, Court No. 6, Varanasi. 3-It is submitted by learned counsel for the applicants that the applicant nos. 2 to 8, namely, Birendra Pratap Singh, Saroj Singh, Gaurav Singh, Sweta Singh, Nandani, Shilpi and Dasharath Singh are family members of husband of opposite party no.

¶2On account of acrimonious relation between the parties, opposite party no. 2 moved an application U/s 156(3) Cr.P.C. dated 07.08.2018 against her husband and opposite party nos. 2 to 8, which was treated as a complaint. The learned Magistrate, after recording the statement under Section 200 and 202 Cr.P.C., summoned the applicants to face trial but thereafter, parties concerned have settled their dispute outside the Court and a compromise application dated 26.07.2023 has been filed. A copy whereof has been annexed as Annexure No. CA-2 to the counter afÏdavit dated 30.10.2023. 4-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. 5-Accordingly, the concerned Court below is directed 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. 6-Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 7-With the aforesaid directions the application stands disposed of. Order Date :- 21.11.2023 Saurabh High Court of Judicature at Allahabad