Court No. - 49
Case :- APPLICATION U/S 482 No. - 46577 of 2018 Applicant :- Ajay Verma And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Pawan Singh Pundir,Lokesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the applicants, and the learned A.G.A. for the State and perused the record.
This application is filed by the applicants for quashing the impugned charge- sheet dated 21.05.2010 in Case No.1885/ IX of 2017 arising out of Case Crime No.287 of 2010 (State of U.P. Vs. Ajay Verma & others), under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act, P.S. Kairana, District Muzaffar Nagar, pending in the court of learned Additional Chief Judicial Magistrate, Kairana, Muazaffar Nagar. Learned counsel for the applicants submits that applicants have amicably compromised their dispute, therefore, the aforesaid case may be decided in terms of the compromise between the parties.
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 with a direction to the court concerned that if any such compromise 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. 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 :- 20.12.2018 Radhika (Vivek Chaudhary,J.)