Compromise can be accepted in certain cognizable and non-compoundable offences, provided it is verified by the court.

JUDGMENT :

Manju Rani Chauhan, J.

1. List has been revised. None is present on behalf of opposite party no. 2, though learned counsel for the applicants and learned A.G.A. for the State are present.Heard Mr. Ajay Kumar Srivastava, learned counsel for the applicants and Mr. Satendra Tiwari, learned A.G.A. for the State.

2. This application u/s 482 has been filed by the applicant with the prayer to quash the entire proceeding of Case No. 55 of 2022, arising out of Case Crime No. 41 of 2020, under sections 498A, 323, 506 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District-Amroha, pending in the court of Additional Civil Judge (J.D.)/J.M./FTC-2, Amroha as well as cognizance/summoning order dated 25.3.2022 on the basis of compromise.

3. On 13.10.2024, the following order was passed:-

1. Mr. Ashish Srivastava, Advocate has filed Vakalatnama on behalf of opposite party no.2 in Court today, which is taken on record. Office is directed to register the same.

2. Heard Mr. Ajay Kumar Srivastava, learned counsel for the applicants, Mr. Ashish Srivastava, learned counsel for the opposite party no.2 and Mr. Triloki Singh, learned counsel appearing for the State and perused the record.

3. The application under Section 482 Cr.P.C. is filed with the prayer to quash the charge sheet dated 26.07.2021 as well as cognizance order dated 25.03.2022 and the entire proceeding of Case No. 55 of 2022, (State Vs. Shivam Chaudhary and Others), arising out of Case Crime No.41 of 2020, under Sections 498-A, 323, 506 I.P.C. & Section 3/4 DP Act, Police Station-Mahila Thana, District-Amroha, pending in the Court of Additional Civil Judge (J.D.)/Judicial Magistrate/FTC-2, Amoraha, on the basis of compromise.

4. Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into compromise. He further submits that an application u/s 13-B of Hindu Marriage Act for mutual divorce has been allowed on 23.05.2023, thus, they have decided to live separately. He further submits that nothing remains between two, therefore, continuance of proceedings against the applicant is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab, (2012) 10 SCC 303.

5. Learned counsel for the opposite party no.2 does not dispute the correctness of the submissions made by the learned counsel for the applicants.

6. Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the parties may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.

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

8. In view of the above, both the parties are directed to appear before the court below along with a certified copy of this order and be permitted to file an application along with proper compromise deed. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, after hearing the informant, as expeditiously as possible, preferably within a period of one month from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

9. Upon due verification of compromise, the Court below may pass appropriate order in that regard and send a report to this Court.

10. Put up this case on 25.11.2024, as fresh, showing the name of Mr. As