Sonu and 2 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 40048 of 2023 Applicant :- Sonu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dubey Counsel for Opposite Party :- G.A.,Lavkush Dixit Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional

Government

Advocate

for

the State/opposite party No.1 and learned counsel for opposite party No. 2. This application under Section 482 Cr.P.C. has been preferred by the applicants with a prayer to quash the charge sheet dated 26.07.2020 and proceedings of Case No. 383 of 2020 (State Vs. Satto and others), arising out of Case Crime No. 248 of 2019, under Sections 498-A, 323, 506, 342 I.P.C. and Section 3/4 D.P. Act, P.S. Chatari, District Bulandshahr, pending in the court of learned Additional Civil Judge (J.D.), Khurja, Bulandshahr on the basis of compromise dated 29.08.2023. It is submitted by learned counsel for the applicants that the applicant no.1 is husband, applicant no.2 is mother-in-law and applicant no.3 is brother-in-law of opposite party no.2-Smt. Sunita. The marriage of applicant no.1-Sonu with opposite party no.2-Smt. Sunita was solemnized in the year 2016 but on account of acrimonious relation between them at that time, opposite party no. 2 has lodged a first information report against the applicants, in which after culmination of investigation, charge sheet has been submitted against the applicants on

26.07.2020, on which the Magistrate concerned took cognizance and summoned them on 02.11.2020 to face trial, but subsequently they settled their dispute outside the Court and opposite party no.2 started living in her matrimonial home. It is also submitted that a compromise application dated 29.08.2023 has also been filed before the concerned Court below. Copy whereof has been brought on record as Annexure no. 3 to the application. 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. 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. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions the application stands disposed of. Order Date :- 16.12.2023 Anurag/- High Court of Judicature at Allahabad