Court No. - 79
Case :- APPLICATION U/S 482 No. - 27533 of 2021 Applicant :- Babu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the parties and perused the record.
The present application has been filed with a prayer to quash the charge sheet No.329 of 2018 in Case No.1845/9 of 2019 (State vs. Babu and Others), arising out of Case Crime No.223 of 2018, under Sections 147, 452, 323, 336, 504, 506 I.P.C., Police Station Kithaur, District Meerut, pending in the court of Additional Chief Judicial Magistrate-III, Meerut, along with the further prayer to stay further proceedings of the aforesaid case during the pendency of the present application.
Learned counsel for the applicant submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 08.10.2021 (Original copy of the same is 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, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the Court below itself.
Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories 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 six weeks, no coercive action shall be taken against the present applicant.
Office is directed to return the original compromise (annexed as annexure No.3 to the application) to the learned counsel for the applicants after taking photocopy of the same.
Order Date :- 21.12.2021 S. Shivhare/-