The High Court quashed proceedings in a matrimonial case under Sections 498-A IPC by direction to verify a compromise deed before an appropriate order is passed.
Applicants directed to file compromise deed before lower court for verification and notice to Opposite Party No.2 for appearance before lower court.
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Court No. - 33 Case :- APPLICATION U/S 482 No. - 11202 of 2019 Applicant :- Rahul Kumar And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vishal Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants, Sri Ajendra Kumar, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. petition has been filed for quashing the proceeding of Complaint Case No. 1037 of 2013, under Sections 498-A, 323, 504 IPC and Section 3/4 of D.P. Act, P.S. Nawabganj, District Farrukhabad pending in the court of ACJM, Court No. 8, Farrukhabad.
Learned counsel for the applicant has argued that both the parties have entered into compromise and has executed a compromise deed dated 28.11.2018. The copy of the compromise entered into between the parties has already been filed as Annexure-5 to the present petition and as the matter has been compromised between the parties, therefore, prays that the present case be finally decided. It is further submitted that the matter is purely of personal nature and relates to matrimonial dispute, which has been mutually settled between the parties, in view of the compromise deed dated 28.11.2018, therefore, no useful purpose would be served in proceeding with the matter further. To which learned counsel for the opposite party no. 2 has no objection.
However, learned AGA has pointed out that the compromise deed dated 28.11.2018 has neither been verified by the court below nor any order has been passed on the basis of such compromise by the court below. Therefore, it would be appropriate that the parties be directed to appear before the Court below along with the compromise, who shall look into the matter and shall pass appropriate orders in accordance with law. In view of the above, it is directed that if the applicants appear before the court below within two weeks from today and files the compromise deed dated 28.11.2018 before the court below concerned, the concerned Court shall issue notice to O.P. No. 2 for her appearance before it on the date fixed by it and after hearing both the parties and after due verification of their signatures/ thumb impressions on the compromise deed dated 28.11.2018, shall decide the matter in accordance with law.
The present application stands disposed off.
Order Date :- 29.3.2019 RavindraKSingh
2 issues framed by the court
Whether the continuation of proceedings is permissible after a compromise deed has been executed by the parties.
Whether a compromise deed in a matrimonial dispute requires judicial verification before granting quashing of criminal proceedings.
4 provisions across 2 enactments
Rahul Kumar and 3 Ors
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
