Allahabad High Court
Jamshed Alam Khan And 2 Others vs State Of U.P. And Another on 7 November, 2019
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- APPLICATION U/S 482 No. - 39866 of 2019 Applicant :- Jamshed Alam Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 29.8.2012, cognizance order dated 20.12.2013 as well as entire proceedings of Criminal Case No. 817 of 2013 (State vs. Jamshed Alam Khan and others) arising out of Case Crime No. 122 of 2013, under Sections 498-A, 406, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, police station Tiwaripur, district Gorakhpur pending in the court of Judicial Magistrate-Ist, Gorakhpur.
It is submitted by learned counsel for the applicants that applicants Nos. 1, 2 and 3 are husband, brother-in-law and mother-in-law of opposite party no. 2, Mrs. Shifa Gulam. The marriage of applicant No.1 was solemnized on 7.12.2005 with opposite party no. 2, but their marriage was not successful, as a result thereof, on account of acrimonious relation, opposite party no. 2 lodged the impugned FIR on 8.7.2012 for the offence under Sections 498-A, 406, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act against the applicants. The Investigating Officer after investigation submitted charge-sheet on 29.8.2012, on which the Magistrate concerned took cognizance on 20.12.2013. Thereafter applicant No. 1 and opposite party No. 2 have settled their dispute on 1.2.2018 during the pendency of trial. Pursuant to the aforesaid compromise, applicant No. 1 has given divorce (Talaq) to opposite party No. 2 on 1.2.2018, copies of aforesaid compromise application and Talaqnama have been appended as annexure No. 4 to the application.
It is submitted that no compromise application has yet been filed before the concerned court below, where criminal proceeding is pending against the applicants and requested to allow the applicants to move compromise application before the concerned court below.
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.
On the request made by learned counsel for the applicants three weeks time is allowed to the applicants to file compromise application before the concerned court below.
Accordingly, this application is disposed of with a direction to the court concerned that in case such compromise application is filed by the applicants before it within aforesaid period, 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.
Order Date :- 7.11.2019 Sumaira