Court No. - 70
Case :- APPLICATION U/S 482 No. - 29571 of 2019 Applicant :- Amazad And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akash Tyagi,Ajay Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Mr. Ajay Tripathi, learned counsel for the applicants, Ms. Gauri Dubey and Mr. Gautam Dubey, learned counsel for opposite party No. 2 and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the the charge sheet No. 648 of 2018 dated 30.9.2018, cognizance order dated 2.1.2019 as well as proceedings of Case Crime No.1384 of 2018, under Sections 498-A, 323, 354(B) IPC and 3/4 D.P. Act, police station Lisari Gate, district Meerut pending in the court of ACJM, court No. 6, Meerut.
Learned counsel for the applicants submitted that the parties concerned have entered into a compromise and they have filed compromise affidavit before the court below and the copy of the same has been appended as Annexure No. 3 to the application.
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 has been 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 :- 30.7.2019/Sumaira