Court No. - 49
Case :- APPLICATION U/S 482 No. - 10499 of 2018 Applicant :- Ashok And 3 Others Opposite Party :- State Of U.P And Another. Counsel for Applicant :- Mahesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Short counter affidavit filed today is taken on record.
Heard Sri Mahesh Kumar Shukla, learned counsel for the applicants, Sri Dhirendra Kumar Srivastava for the opposite party no.2 and learned A.G.A. for the State and perused the record.
The instant application has been filed seeking quashing of the chargesheet dated 31.5.2016 as well as the proceedings of Criminal Case No.346 of 2017, Case Crime No.132 of 2016, under Sections 452, 323, 504, 506, 325 IPC, PS- Alinagar, District Chandauli pending in the court of Additional Chief Judicial Magistrate, Chandauli on the ground that the parties have entered into a compromise on 3.4.2017.
Learned counsel for the applicant submits that a compromise has been reached between the parties which has also been filed before the court below.
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 a compromise has been reached between them. It shall then 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 learned Court below 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 applicant in the aforesaid case.
Order Date :- 30.3.2018 Mini