Court No. - 79
Case :- APPLICATION U/S 482 No. - 25131 of 2021 Applicant :- Ashok Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Vakalatnama filed by Mr. Ravi Prakash Srivastava, Advocate on behalf of opposite party No.2 is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite party No.2, learned A.G.A. for the State and perused the record.
The instant application has been filed for quashing the entire proceedings of S.T. No. 96 of 2021 (State Vs. Ashok) in Case Crime No. 130 of 2020, under Sections 353, 504, 506 I.P.C. and Section 3(1)(da)(dha) of SC/ST Act, Police Station Ata, District Jalaun as well as charge sheet dated 11.11.2020 pending in the court of Special Judge (SC/ST Act), Jalaun at Orai, in view of compromise dated 20.9.2021.
Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.6 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 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.
For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 22.12.2021 A.P. Pandey