Court No. - 70 Case :- APPLICATION U/S 482 No. - 31415 of 2012 Applicant :- Babuji And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajiv Gupta,Rakesh Dubey Counsel for Opposite Party :- Govt.Advocate Hon'ble Sanjay Kumar Singh,J.
Compromise affidavit dated 04.07.2019 alongwith joint affidavit of Babuji (applicant no.1) and Smt.Sursati (opposite party no.2), is taken on record.
Heard learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet No. 8/2012 dated 10.04.2012 arising out of Case Crime No. 74 of 2012, cognizance order dated 28.04.2012 and proceedings of Case No.997 of 2012 (State Vs. Babuji & and others), under Sections 147, 148, 149, 435, 323 IPC and Section 3 (1)(10) of SC & ST Act, Police Station Ghoorpur, District -Allahabad, pending in the court of Additional Chief Judicial Magistrate, Court No.10, Allahabad.
Learned counsel for the applicants submitted that during pendency of this application before this Court, parties have entered into compromise and settlement took place between them. Now their relationship are harmonious and they are leading their life peacefully.
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. Applicants are permitted to file compromise application before the concerned court below within two weeks.
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 :- 25.7.2019/SKD