Court No. - 49
Case :- APPLICATION U/S 482 No. - 47052 of 2018 Applicant :- Asif Qureshi And 9 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Kalim 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 to quash the charge sheet dated 18.10.2015 and supplementary charge sheet dated 30.04.2016 as well as cognizable has been taken 'State Vs. Asif Qureshi and others' arising out of case crime no. 393 of 2015, under Sections 147, 148, 149, 354, 336, 365, 307, 506 IPC, Police Station Kotwali, District Bareilly pending in the court of Chief Judicial Magistrate, Bareilly.
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 :- 21.12.2018 Radhika
(Vivek Chaudhary,J.)