Heard learned counsel for the applicants, learned AGA and perused the record.
Learned counsel for the applicants submitted that first information report was lodged from the side of applicant on 28.6.2008, under Sections 323, 504 IPC, thereafter, since the compromise took place in between the parties hence application was given to Station Officer by the applicants that in view of compromise they did not want to proceed in the case hence report may be treated as withdrawn. On that application, opposite no.2 also signed on 25.4.2008. Subsequently, report was lodged along-with injury report that there was forgery and he has not signed on the aforesaid agreement. He further submits that signature of applicant was not verified properly by the Investigating Officer and apart from that it is the applicant, who as per compromise, did not want to proceed with the prosecution and it was his complaint hence no offence is made out.
Issue notice to opposite party no.2 returnable at an early date.
List after two months before the appropriate Court. Six weeks' time is allowed to file counter affidavit to learned counsel for the opposite party no.2 as well as learned AGA, two weeks, thereafter, for rejoinder affidavit. Till the next date of listing, further proceedings in Case No.106 of 2010, Case Crime No.561 of 2009, under Sections 420, 468, 469, 471 IPC, P.S. Dauki, District Agra shall remain stayed.
Order Date :- 10.5.2010 Pramod