Ram Kripal And 4 Others vs State Of U.P. And 2 Others
2015 Latest Caselaw 2709 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 28994 of 2015
 
Applicant :- Ram Kripal And 4 Others
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- B. L. Yadav
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Bhaiya Lal Yadav, learned counsel for the applicant, and Sri Sanjay Tripathi, learned AGA appearing for the State and perused the record.

This application has been filed for quashing the proceedings of charge-sheet dated 15.06.2014 filed in Case No. 2624 of 2015 (State VS. Ram Kripal and others), whereby the learned Magistrate has taken cognizance under Sections 498-A, 354, 506, 504 IPC and 3/4 D.P. Act, against the applicants in Case Crime No. 128 of 2014, pending in the court of CJM, Hamirpur.

It is submitted by the learned counsel for the applicant that applicant no.3 and opposite party no.3 have amicably settled their dispute at Mediation Center at District Hamirpur on 09.10.2014. A copy of the same has been filed and marked as annexure no.3 to the affidavit, which has been referred by this Court to the District Legal Service Authority vide order dated 24.02.2014, passed in Criminal Misc. Writ Petition No. 3820 of 2014(Ram Kripal and 4 others Vs. State of U.P. and 2 others). A copy of the same has been filed and marked as annexure no.2.

He further submitted that mediation has been successful between the parties, and on the basis of which the proceeding of Section 125 Cr.P.C. pending between the husband and wife has been dropped, and the divorce has also been decreed between the husband and wife. In the present matter the charge-sheet was submitted by the Investigating Officer, ignoring the order of this Court.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court.

Accordingly, this application is disposed of giving liberty to the applicants to file the compromise application before the court concerned. If any such application is filed before the court concerned within a period of two weeks from today, the court concerned will 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 is 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.

Order Date :- 28.9.2015

VKG