Sanjeev Kumar And 6 Others vs State Of U.P. & Another
2015 Latest Caselaw 1543 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 20437 of 2015
 

 
Applicant :- Sanjeev Kumar And 6 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Smt. Usha Srivastava,Vinod Kumar Srivastava
 
Counsel for Opposite Party :- Govt. Advocate,Saurabh Tripathi
 

 
Hon'ble Pankaj Naqvi,J.

Heard Sri Lal Chandra Tripathi, holding brief of Sri Manoj Kumar, learned counsel for applicants, Sri Saurabh Tripathi, learned counsel for informant and learned A.G.A.

This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No.69 of 2008, New Number 2581 of 2014, Smt. Isha Devi Vs. Sanjeev Kumar & others, under Sections 498-A, 323, 506 I.P.C. & Section 3/4 D.P. Act, Police Station Nawabganj, District Farrukhabad, pending in the court of A.C.J.M. VII Farrukhabad.

It is a matrimonial dispute. It is further submitted that on account of intervention of their well-wishers, a compromise has been arrived at between the parties on 26.6.2008, copy of which has been annexed along with application dated 13.7.2009 and 24.8.2009, which are taken on record. It is further contended proceedings of aforesaid case, be quashed in the light of law laid down by the Apex Court in the case of B.S. Joshi & Ors vs State Of Haryana & Anr and Gian Singh v. State of Punjab : (2012) 10 SCC 303.

Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.

Learned A.G.A. has accepted notice on behalf of O.P. No.1

Issue notice to O.P. No.2. Steps within a fortnight.

Put up as fresh on 27.8.2015.

Learned counsel for parties undertake to ensure their presence before the court below or any other transferee court, as the case may be, along with a fresh compromise application/affidavit on 13.8.2015, and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.

Till the next date of listing, if a certified copy of this order is produced before the court below along with the compromise application on 13.8.2015, no coercive steps would be taken against the applicants till verification of the same in accordance with the observations made herein above.

Order Date :- 30.7.2015

AHN