Court No. - 29 Case :- APPLICATION U/S 482 No. - 6936 of 2013 Applicant :- Subroto Kumar And Anr. Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Suresh Chandra Srivastava,Satyendra Nath Mishra Counsel for Opposite Party :- Govt. Advocate Hon'ble Shree Prakash Singh,J. Heard counsel for the applicants, Sri Utkash Misrha, advocate, holding brief of Sri Abhinav Srivastava, counsel for opposite party no.3, learned A.G.A. for the State and perused the records. Instant application has been filed with the prayer to quash and set aside the impugned Charge Sheet No 18/2013 dated 05-03- 2013 and Crl. Proceeding in C.C. No 10/2013. Crl. Case no 1610/2013, under section 363, 366 I.P.C. Police Station Baldirai, District- Sultanpur, Pending in the Court of A. C. J. M. Court No 19 Sultanpur, State vs. Subroto Kumar & Another. The contention of counsel for the applicant is that initially an FIR has been registered under sections 363 and 366 of IPC at Police Station- Baldirai District- Sultanpur and thereafter, the chargesheet has been filed and the matter proceeded. He submits that subsequently, the applicant challenged the summoning order as well as the chargesheet vide the present application wherein, this Court has granted interim protection vide order dated 19.12.2013 which is reproduced hereinunder:- "Issue notice to respondent no. 2 who may file counter affidavit within six weeks. List thereafter. Till the next date of listing, further proceedings of C.C. No. 10 of 2013, Crl. Case No. 1610 of 2013, under Sections 363, 366 I.P.C., Police Station Baldirai, District Sultanpur, pending in the court of ACJM, court no. 19, Sultanpur, shall remain stayed." Referring the aforesaid, he submits that subsequently, after the grant of aforesaid interim protection, the parties sat together and they have settled their dispute amicably while, executing an agreement dated 28.08.2024 which is appended alongwith the short counter affidavit as annexure C.A.-1. Referring the aforesaid, he submits that in paragraph no. 2 of the agreement it has specifically been mentioned that the alleged victim/opposite party no.3 is living with the present applicant/accused as husband & wife as from the very first day, the alleged victim went away with her own sweetwill with the applicant. He added that the present applicant and the alleged victim are major and they have executed the agreement without any fear or favour. Concluding his arguments, he submits that the matter may be referred for verification of the agreement/affidavit dated 28.08.2024 appended alongwith the short counter affidavit. Learned counsel for the opposite party no. 3 has also supported the version of counsel for the applicant and submits that the agreement dated 28.08.2024 has been executed without any pressure of any kind and that is with free and sweetwill of the parties. Learned A.G.A. appearing for the State has no objection if the matter is referred to the learned trial court for verification of the agreement. I have considered the submissions of counsel for the parties particularly with respect to the agreement wherein, it has specifically been mentioned that the applicant and the victim are living as husband and wife and the victim did not want to press the matter further as the same would ruin the marital life of the parties. Consequently, the matter is hereby referred to the learned trial court concerned for verification of the agreement/affidavit dated 28.08.2024 appended alongwith the short counter affidavit. Counsel for the opposite party no. 3 submits that opposite party no. 3 undertakes that she will remain present before the trial court on the date of verification of the affidavit. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise/agreement is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise/agreement. 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/agreement and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of three months, the proceedings initiated in pursuance of the Criminal Case no. 1610 of 2013 arising out of Case Crime No. 10 of 2013 under sections 363, 366 I.P.C. Police Station Baldirai, District- Sultanpur, shall remain stayed so far as applicants are concerned. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order. Office is directed to provide the original copy of the agreement dated dated 28.08.2024 appended alongwith the short counter affidavit to the counsel for the applicant after taking the photocopy of the same. Order Date :- 25.3.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench