Dinesh And 3 Others vs State Of U.P. And Another
2015 Latest Caselaw 4178 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 31296 of 2015
 

 
Applicant :- Dinesh And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rajesh Kumar Srivastava
 
Counsel for Opposite Party :- G.A.,Rakesh Kumar Srivastava
 

 
Hon'ble Om Prakash-VII,J.

Sri Rakesh Kumar Srivastava, Advocate filed today Vakalatnama on behalf of opposite party no. 2 and the same is taken on record.

Heard Sri Rajesh Kumar Srivastava learned counsel for applicants, Sri Rakesh Kumar Srivastava learned counsel for the opposite party no. 2 and the learned A.G.A.

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 42 of 2013 (Rubi Kumari Vs. Dinesh and others) under Sections 498-A, 323, 504, 506, 406 I.P.C., and Section 3/4 of Dowry Prohibition Act, P.S. Barhan District Agra pending in the Court of Addl. Chief Judicial Magistrate, Court No. 8, Agra as well as the summoning order dated 20.2.2013 passed in the aforesaid case. Further prayer has been made to stay the further proceedings of the aforesaid case.

Notice on behalf of opposite party no. 1 was accepted by learned A.G.A.

Submission of the learned counsel for the applicant is that parties have settled their dispute out of Court and they are living together happily and meticulously.

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.

List this case on 28.1.2016 before the appropriate Bench.

Learned counsel for the parties undertake to ensure their presence before the court below or any other transferee court, as the case may be, on 4.12.2015 and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the 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 deed dated on 4.6.2013, no coercive steps would be taken against the applicants till verification of the same in accordance with the observations made herein above. 

Order Date :- 18.11.2015

Ishan